Terms and Conditions for Short and Flexible Stays
Booking Terms Updated 28.3.2025
CONTRACTUAL TERMS FOR THE ACCOMODATION SERVICES RENDERED BY NOLI STUDIOS
1. INTRODUCTION
These contractual terms regulate all matters related to the reservation by the Client (as defined below) of a Studio and the accompanying services made via the nolistudiospl.sbs website or, if the reservation was made using another method. These contractual terms shall be accepted by the Client or the Guest (as defined below) when entering into an Agreement with Noli Studios. These contractual terms define the rights and obligations of the Parties, therefore reading and accepting these contractual terms is a condition for using the Services provided by Noli Studios. These contractual terms do not apply to fixed-term contracts offered by Neil Studies under the “Fixed Stay” setup. These “Fixed Stay” agreements are governed by separate contractual documents.
2. DEFINITIONS
2.1. Noli Studios – depending on the premises where the Services are rendered and to which premises the Booking is made Noli Studios shall be understood as one of the entities indicated below:
1) if the Services are rendered in Noli Studios Mokotow – Mokotów I Propco sp. z o.o. with registered office in Warsaw, at Towarowa 28, 00-839 Warszawa, court register number (KRS) 0000876332, tax number (NIP) 5272945786, statistical number REGON 387832634,
2) if the Services are rendered in Noli Studios Gdańsk Wrzeszcz – Inverdeno Investments sp. z o.o. with registered office in Warsaw, at, Towarowa 28, 00-839 Warszawa, court register number (KRS) 0000959668, tax number (NIP) 5272993294, statistical number REGON 52148516100000.
3) if the Services are rendered in Noli Studios Gdańsk Riverside – Lortenmore Investments sp. z o.o. with registered office in Warsaw, at, Towarowa 28, 00-839 Warszawa, court register number (KRS) 0000967985, tax number (NIP) 5272999196, statistical number REGON 52181902400000
4) if the Services are rendered in Noli Studios Old Town – Kerpantile Investments Sp. z o.o. with registered office in Warsaw, at. Towarowa 28, 00-839 Warszawa, court register number (KRS) 0000967311, tax number (NIP) 5272998860, statistical number REGON 521791900.
2.2. Client – a natural or legal person as well as an entity that under the applicable law has a legal capacity that enters with Noli Studios into Agreement on provision of Services.
2.3. Guest – a natural person, who, as the final beneficiary, uses the Services in connection with the Agreement for the provision of Services concluded by the Client. The Client may also be a Guest if he/she has concluded the Agreement with Noli Studios for the provision of Services for himself/herself.
2.4. Studio – an individual part of a building, that is made available by Noli Studio to a Client or a Guest for temporary accommodation.
2.5. Services – Studio accommodation services and accompanying services provided for remuneration by Noli Studios to the Client or Guest. The accompanying services include in particular: the possibility of using Shared space, storage services, bicycle rental services, etc.
2.6. Shared space – space or parts of the building in which the Studios are located, intended for common use by Clients or Guests. The Shared space includes, in particular: a shared kitchen, laundry room, work spaces, lobby, and gym.
2.7. Reservation – the Client’s declaration of willingness to conclude an Agreement with Noli Studios for the provision of Services.
2.8. Contractual terms – these Contractual terms.
2.9. Short-Term Stay Agreement – has the meaning defined in point 3.1.3.
2.10. Flexible Stay Agreement – has the meaning defined in point 3.1.3.
2.11. Agreement – Short-Term Stay Agreement or Flexible Stay Agreement.
2.12. Security Deposit – the amount of money charged by Noli Studios, the payment of which may be a condition for the conclusion of the Agreement.
3. RESERVATION, TERM AND TERMINATION OF THE AGREEMENT – SHORT STAY AND FLEXIBLE STAY AGREEMENTS
3.1 Making a Reservation, available options of the Agreements, check-in
3.1.1. Reservations are made via the Noli Studios website or another website, if Noli Studios provides such an option. As part of the Reservation process, the Client specifies the date during which he or she intends to use the Services, indicating the duration of stay in the Studio, provides the data required by Noli Studios, including contact details and the Guest’s details if the Guest is a different person than the Client, as well as number of Guests that will be using the Studio on the basis of the Reservation and makes the required payment, including the payment of the reservation fee or deposits the Security Deposit, as required by Noli Studios. In certain cases, Noli Studios may make the conclusion of the Agreement conditional upon the payment of a Security Deposit. The remuneration payable to Noli Studios includes VAT. When making a Reservation, the Client must provide the address to which Noli Studios will send notifications regarding the Agreement. The address may be the Client’s residential address or another address agreed by the parties.
3.1.2. Noli Studios shall promptly inform the Client of the acceptance, non-acceptance or conditional acceptance of the Reservation, which requires the payment of a Security Deposit to become effective. If Noli Studios has accepted the Reservation or if Noli Studios has conditionally accepted the Reservation and the Client has paid the Security Deposit within the specified time limit, a binding contract for the provision of Services shall be concluded between the Client and Noli Studios. The Agreement cannot be canceled without the prior consent from Noli Studios.
3.1.3. Noli Studios offers two types of Agreements: (i) Short-Term Stay Agreement for a specified period, which is concluded for the period specified by the Client, however maximum up to one month; and (ii) Flexible Stay Agreement, which is concluded for at least one month and is automatically renewed every month up to 12 months, in accordance with the further provisions of the Contractual terms. Payments for Flexible Stay Agreement are determined taking into account the number of Guests that will be staying in the Studio.
Confirmation of the booking is subject to payment of a booking fee at the time of making the booking, unless otherwise agreed with Noli Studios in writing. The booking fee must be paid via a separate payment link, which will be sent to the email address provided by the Customer. The booking fee is determined as follows:
3.1.4. In order to start using the Studio, the Client or the Guest must complete check-in. Check-in takes place between 3:00 p.m. and 10:00 p.m. on the day of commencement of the provision of Services indicated in the Reservation, unless otherwise agreed after concluding the Agreement. The time of termination of the use of the Services, which is also the moment of termination of the Agreement, is 11:00 am on the last day indicated in the Reservation, as specified in point 10 of the Contractual terms. Upon termination of the Agreement, the Client’s right to use the Studio and the possibility of using the Services expires, which is tantamount to the loss of access to the Studio, in accordance with the provisions of point 8.
3.2 Short-stay Agreement term
The Short-Term Stay Agreement is valid for the agreed period and expires automatically upon the expiry of the date indicated by the Client when making the Reservation, subject to point 3.3.
3.3. Possibility of canceling the Short-Term Stay Agreement
3.3.1. When concluding a Short-Term Stay Agreement, the Client has the opportunity to select the free cancellation option.
3.3.2. Detailed conditions related to free cancellation option, including the date by which free cancellation is possible, are presented to the Client at the time of making the Reservation.
3.3.3. If the Reservation is canceled within the timeframe specified by Noli Studios, the Reservation fee will be refunded to the Client in whole or partially – in accordance with the specific terms applicable.
3.4 Validity of the Flexible Stay Agreement and payment obligation on the Client’s side
3.4.1. When making the Reservation for Flexible Stay Agreement, the Client indicates the expected duration of stay, which always lasts at least one month and no longer than 12 (twelve) months. Based on this indication by the Client, the remuneration due to Noli Studios is calculated. The remuneration specified at the time of Booking in the case of a Flexible Stay Agreement is a preferential remuneration and applies only if the stay is not shortened in relation to the length of stay declared by the Client at the time of Booking (i.e. the agreed length of stay) or the Agreement is not terminated for any reason relating to the Client or the Guest, before the agreed length of stay. The rules for conversion of remuneration are set forth in Section 3.4.9
3.4.2. The Flexible Stay Agreement is concluded for one month each time and is automatically renewed for another full calendar month.
3.4.3. On the 14th (fourteenth) day of each calendar month, Noli Studios sends an e-mail to the Client asking whether the Client wants to continue the Agreement also in the next calendar month. The message contains a link to payment of the fee for the next calendar month.
3.4.4. The Flexible Stay Agreement will be automatically renewed for the next calendar month, provided the Client informs Noli Studios no later than the 22nd day of the calendar month that the Client wants to terminate the Agreement on the last day of the calendar month or on another day of the following month.
3.4.5. If the Client failed to inform within the aforesaid time limit that the Client does not want to extend the Agreement for the following month, the Agreement will continue and the Client is considered to be bound by the Flexible Stay Agreement and the payment obligations thereunder for the entire following calendar month (until the last day of that calendar month).
3.4.6. If the Client failed to inform Noli Studios in writing or otherwise (e-mail, form on the Noli Studios website), within the deadline specified in point 3.4.4, that the Client does not want to extend the Agreement for another calendar month, and the Client fails to pay the fee for next month on the date indicated in the invoice, Noli Studios is entitled to: (i) suspend the Client’s access to the Studio from the 3rd (third) day of the following calendar month if the fee is still unpaid and (ii) may terminate the Agreement on the 10th (the thenth) day of a calendar month with immediate effect, (iii) recalculate the remuneration due to Noli Studios for the provision of the Services so that the rate of remuneration corresponds to the rate provided for the actual length of stay. On account of the remuneration due after the conversion referred to in the preceding sentence, Noli Studios may deduct the Security Deposit. Regardless of these rights of Noli Studios, the Client is obliged to pay the fee for the calendar month in full.
3.4.7. If during the term of the Flexible Stay Agreement the Client wants to change the estimated duration of Services from the estimated duration of Services informed at the time of the Reservation, the Client shall contact Noli Studios’ customer service to agree on the matter. The Client acknowledges and accepts that changing the duration of the Agreement or the expiration of the Agreement prior to the expiration of the estimated duration of stay affects the fee charged by Noli Studios. Noli Studios will charge the Client an additional fee adjusting the fee for the use of the Services to the fee due for the actual duration of the Agreement or may deduct this fee from the Security Deposit. This fee will include applicable VAT.
3.4.8. Noli Studios makes reasonable efforts to notify the Client at least 1 month in advance in the event that Noli Studios has been unable to extend the Flexible Stay Agreement.
3.4.9 For the avoidance of doubt, Noli Studios shall have the right to recalculate the remuneration in any case where the actual duration of the Flexible Stay Agreement was shorter than that declared by the Client at the time of Booking. The Client acknowledges and agrees that the remuneration rates stated at the time of Booking shall only apply if the actual duration of the Flexible Stay Agreement corresponds to the duration of the Flexible Stay Agreement that was declared at the time of Booking. The longer the declared duration of stay, the lower the rate of remuneration payable to Noli Studios. Recalculation of remuneration, in case of shortening the stay, is made based on the following rules:
(a) Base remuneration
– Base remuneration is the remuneration payable for a stay of 12 months.
– The base remuneration is the lowest value applicable on the date on which the Flexible Stay Agreement is entered into by the Client and Noli Studios.
(b) Relationsip of remuneration to the actual length of stay
– The remuneration increases as the declared length of stay shortens.
– The lowest remuneration is achieved with a 12-month stay, and the highest remuneration value is achieved with a 1-month stay.
(c) Multiplier
– Noli Studios, at the time of entering into a Flexible Stay Agreement, calculates remuneration for shorter stays, i.e. those that do not reach 12 months.
– The applicable multiplier depends on several factors in particular but not limited to demand for Noli Studios’ services and the number of expiring contracts with other Clients.
– The multiplier has a fixed value for a specific Reservation: once a Flexible Stay Agreement is concluded, the multiplier applicable for the given Flexible Stay Agreement remains constant for the entire duration of the Flexible Stay Agreement.
(d) Declared length of stay vs. actual length of stay
– Extension of stay: If, at the time of entering into the Flexible Stay Agreement, the Client declared a shorter stay, but extends the stay, Noli Studios recalculates the remuneration on a monthly basis based on the actual length of stay, applying the multiplier for each month as if the Client had declared a longer stay from the moment of the Reservation.
– Shortening the stay: If at the time of entering into the Flexible Stay Agreement, the Client declared a longer stay, but the Flexible Stay Agreement is terminated earlier for any reason, the remuneration for all months of the actual stay is recalculated as if the Client had declared a shorter stay from the moment of the Reservation.
(e) Remuneration recalculation process
If the Client extends the stay, Noli Studios automatically recalculates the remuneration based on the actual duration of the stay.
– For a shortened stay: in the situation of early termination of the Flexible Stay Agreement, Noli Studios recalculates the remuneration retroactively for all months of the actual duration of the Flexible Stay Agreement according to the multiplier applicable to the respective Flexible Stay Agreement. The rates of remuneration that apply for the particular period for which the Flexible Stay Agreement would have been concluded are indicated in the confirmation of the Booking, in the table entitled “Room Price Table” (or similar). This table also indicates the amount (the so-called “shortening fee”) payable if the term of the Flexible Stay Agreement is shortened from that declared when the Reservation was made. Noli Studios reserves the right to collect the Security Deposit against the remuneration due after conversion in accordance with Section 3.4.9
3.5 Cancellation of a Flexible Stay Agreement
If the Client cancels a Flexible Stay Agreement 1) before the start of the period of accommodation indicated in the Reservation or 2) once the provision of Services has already started, Noli Studios will retain the first payment and the reservation fee already paid by the Client.
3.6 Increase or decrease in the number of Guests and its effect on payments.
3.5 Cancellation of a Flexible Stay Agreement If the Client cancels a Flexible Stay Agreement 1) before the start of the period of accommodation indicated in the Reservation or 2) once the provision of Services has already started, Noli Studios will retain the first payment and the reservation fee already paid by the Client. 3.6 Increase or decrease in the number of Guests and its effect on payments.
3.6.1 A decrease in the number of Guests using the Studio prior to the check-in date or during the term of the Flexible Stay Agreement is not relevant to the calculation of the remuneration for the use of the Studio for the given month. If the Client wishes to reduce the number of Guests, the Client must inform Noli Studios by the 22nd day of the calendar month at the latest. In this case, the new remuneration for the following month will take into account the new number of Guests.
3.6.2 An increase in the number of Guests using the Studio prior to the check-in date or during the term of the Flexible Stay Agreement entitles Noli Studios to recalculate the remuneration for the use of the Studio effective as of the date from which the additional Guests are to use the Studio. In the event that an additional payment reflecting the new number of Guests is required, the Client shall make the additional payment in the amount and by the date specified by Noli Studios, as well as shall top-up the Security Deposit. Failure to make the additional payment and/or payment of the Security Deposit shall result in the Studio being used only by the number of Guests indicated in the original Reservation.
4. CLIENT’S OBLIGATIONS
4. CLIENT’S OBLIGATIONS 4.1. The Client is liable for acting in accordance with the Contractual terms and the Agreement. 4.2. The Studio and accommodation Services are for personal, temporary stay only. The Client and/or Guest undertakes not to use the Studio as a permanent place of residence or a place of permanent concentration of his/her life activity. The Client and/or Guest are expressly prohibited from using the Studio as a place of permanent residence. 4.3. The Client and/or Guest are expressly prohibited from undertaking any kind of business activity in the Studio, including but not limited to establishing any kind of permanent company seat or head office in the Studio or registering business undertaking in the Studio. Studio cannot serve as a place for permanent or temporary residence within the meaning of act on population records. 4.4. Violation of provision of point 4.2 or 4.3 shall be deemed as serious breach and entitles Noli Studios to terminate the Agreement with an immediate effect. 4.5. Before using the Studio and each time in the event of a change of Guest, the Client is obliged to immediately inform Noli Studios about the actual and up-to-date personal data of the Guest and any other necessary contact details and data identifying all Guests. 4.6. Changing the Guest requires prior arrangement with Noli Studios at least 3 business days before the Guest’s check-in date. 4.7. At the request of Noli Studios, the Guest must verify his/her identity, including by presenting a valid ID card or passport or other document confirming identity. 4.8. If the Client and the Guest are different persons, the Client and the Guest shall be liable for fulfilling the Agreement as joint and solidary debtors. Notwithstanding the previous sentence, the Client is responsible for compliance with the provisions of the Agreement and the Contractual regulations by the Guest. The Client is obliged to familiarize the Guest with the conditions and obligations arising from these documents. The Guest who, by using the Studio and the Services, becomes bound by the Agreement and the Contractual terms, undertakes to comply with the conditions arising from the Agreement and the Contractual terms. 4.9. Immediately after check-in, Guest shall inform Noli Studios of any damage to the Studio (scratches on walls, non-functioning equipment, other damage etc.). If Guest fails to report such damage within 24 hours from the start of usage of the Studio, the Guest or the Client may be charged for the cost of repairing the damage to the Studio identified by Noli Studios.
5. PAYMENTS AND PRICE CHANGES
5.1 Invoicing
5.1.1. The Client is obligated to make payments under the Agreement for the provision of Services (that include use of the Studio, utility fee and any possible fees for additional services as well as the reservation fee). All the payments shall be made within the timeframe specified hereunder. All the invoices will be issued electronically. 5.1.2. The Client shall provide Noli Studios with an email address that will be used for delivering the invoices, unless the Client wants the invoices to be delivered to the email address indicated during the Reservation. 5.1.3. Invoices issued in connection with the Short-Term Stay Agreement shall be paid in full when making the Reservation. Notwithstanding the formentioned in the event of an increase in the number of Guests using the Studio, the Client may be obliged to make an additional payment during the term of such Agreement. 5.1.4. The rules applicable to the payment for the Flexible Stay Agreement are the following: (i) in the case that the provision of Services begins in the middle of a calendar month and the starting date of the Contract is the 15th day of the calendar month or later, the first invoice covers the remaining days of the calendar month in question as well as the following calendar month, (ii) in case the starting date of the provision of Services is the 14 day of the calendar month or earlier, the first invoice only covers the remaining days of the calendar month in question. Apart from the first month’s remuneration, which is paid in advance when making a Reservation, the remuneration payment deadline is 7 days from the date in which the invoice has been issued. 5.1.5. The Client is obliged to pay remuneration for the provision of Services, even if the Client or Guest would not benefit from these Services.
5.2 Security Deposit
5.2 Security Deposit
5.2.1 Noli Studios may require the Client to pay a Security Deposit at the time of Booking, the amount of which is determined on an individual basis. Failure to pay the Security Deposit results in the Agreement not being entered into.
5.2.2 The Security Deposit shall serve as security for all property claims of Noli Studios arising from the Agreement, including a claim for payment of remuneration, remuneration for change of length of stay, accrued interest, additional fees, including cleaning fees, contractual penalties (liquidated damages), and repair by Noli Studios of damage caused to the Studio for which the Guest or the Client is responsible.
5.2.3 A Client who is not a consumer shall not have the right to deduct the remuneration due to Noli Studios from the Security Deposit.
5.2.4. The Security Deposit is returned to the Client after contractual obligations have been fulfilled, after any damage to the Studio, removal of the Client’s or Guest’s belongings from the Studio, cleaning or other activities necessary after the end of the Agreement.
5.2.5. Noli Studios will refund the Security Deposit using the same method and currency by which it was paid, within 60 days from the conclusion of stay in the Studio.
5.2.6. There will be no interest payable on the Security Deposit.
5.3 Price change when the Client changes the duration of the Flexible Stay Agreement
5.3.1. A Client who has concluded a Flexible Stay Agreement may extend the expected time of using the Services in relation to the time indicated at the time of making the Reservation. Such change must be approved by Noli Studios. In such a case, the remuneration due to Noli Studios will be recalculated to reflect the actual duration of the Agreement. The Client will be obliged to pay for the subsequent months of the Agreement, in accordance with the offer presented by Noli Studios, and will be also obliged to pay the Security Deposit subject to point 5.3.2.
5.3.2. If the Client extends the duration of the Flexible Stay Agreement, Noli Studios will compensate the difference between the previously higher unit remuneration per month and the lower unit remuneration per month applied from the beginning of such Agreement. Compensation will be made by reducing the value of remuneration due on the basis of the next invoice. If the Flexible Stay Agreement is still in force at the time of making such a change, the new remuneration will be calculated from the beginning of the next calendar month.
5.3.3. In the event that the Flexible Stay Agreement expires or is terminated for any reason relating to the Client or Guest, (including but not limited to a breach of these Contractual Terms by the Client or Guest, as well as due to the Client’s failure to inform Noli Studios of the non-renewal of the Flexible Stay Agreement or failure to make payment of the remuneration in accordance with the rules set forth in Sections 3.4.4-3.4.6) before the expiration of the time for which it was concluded, the remuneration due to Noli Studios shall be recalculated to correspond to the actual term of the Agreement. The Client will be required to pay a surcharge, the amount of which was specified by Noli Studios in the Booking confirmation. The remuneration will be recalculated in accordance with the rules set forth in Section 3.4.9 .
5.4 Other fees adjustments
5.4 Other fees adjustments
5.4.1. Noli Studios has the right to change the fees under the Agreement if such change is associated with (i) legislative changes, (ii) decisions of governmental authorities or (iii) changes to expenses that Noli Studios pays in order to render Services.
5.4.2. In addition, Noli Studios may, for justifiable reasons, also change the fees (including the utility fee or the fees for additional services) based on any other specific grounds (such as significant improvement works made to the Studio or other Shared spaces or improvements to the services or a significant raise in expenses related to provision of the Services).
5.4.3. The Client will be notified about the changes to the fees in writing or by email. New fees will enter into force starting from the first day of the calendar month, following the calendar month when the notification was given. 5.4.4. The Client is entitled to terminate the Agreement in connection with the fee change entering into force. Noli Studios shall be informed about the termination before the fee change enters into force.
5.4.5. In case Noli Studios has granted a discount to the Client, Noli Studios is entitled to cancel the possible discounts if they are used contrary to the purpose of the discounts (for example if a discount code has been publicly distributed) or if the circumstance that constituted the foundation to the discount has changed or rescinded (for example, if the contract which made the discount possible has changed or an employee is no longer working in the company through which the discount has been granted).
5.5 Late payments
5.5 Late payments
5.5.1. In case of late payment, Noli Studios is entitled to charge statutory interests for the late payments. 5.5.2. The Clients who are not consumers in accordance with the Polish law, will be also charged with a fee of twenty (20) PLN, if the request for payment will be sent to the Client by post. Additionally, Noli Studios may charge such Client for reasonable costs caused by collecting the delayed payment.
5.5.3. The payment made by the Client or deductions from the Security Deposit will firstly cover expenses caused by the recovery of late payment, then interest, and then the oldest remuneration due, until the claims of Noli Studios are fully satisfied.
5.5.4. If the Client, despite the request for payment, has not paid the due remuneration under the Agreement or has not paid the Security Deposit, other due payments that have not been due so far also become due immediately, unless mandatory provisions of law provide otherwise.
5.6 Terms of making payments via the payment operator
5.6.1 Payments
Stripe Payments Europe, Ltd (“Stripe”) is the payment intermediary made via the Noli Studios website. Stripe is a payment intermediary authorized by the Financial Conduct Authority of Ireland. The payment process takes place on the Stripe website. Stripe offers various payment methods, including card payment, fast bank transfer and BLIK. Payments are made via secure connections powered by Stripe. More information about Stripe can be found at: https://stripe.com/en-pl
5.6.2 Payment methods
Stripe allows to pay using an online banking account and a payment card (credit/debit). The following payment methods are supported: Visa, Visa Debit, MasterCard and Debit MasterCard, Google Pay, Apple Pay, as well as fast transfers from major banks and BLIK.
5.6.3 Role of Noli Studios
Noli Studio is not a payment intermediary and does not have access to the credit or debit card details used by the Client to pay remuneration via Stripe.
6. CHANGE IN FLEXIBLE STAY AGREEMENT
6. CHANGE IN FLEXIBLE STAY AGREEMENT
6.1. If the Client wishes to change his/her Flexible Stay Agreement, the Client shall agree on the change and related terms and conditions with Noli Studios on a case-by-case basis. If Noli Studios deems the change possible, Noli Studios is entitled to charge the difference resulting from the change in the Agreement in accordance with section 5.3.
6.2. Changes to the Agreement are dependent on the prevailing booking situation and only possible if Noli Studios is able to offer the Client a suitable Studio for the duration of the proposed contractual term. Noli Studios does not guarantee that the change is possible.
6.3. The Client may change the Studio once every 4 (four) months for an additional fee of 400 PLN gross.
7. OBLIGATIONS OF THE CLIENT AND THE GUEST RELATING TO THE USE OF THE STUDIO AND SHARED SPACE
7.1 General provisions
7.1.1 The Client or Guest is obliged to take care of the Studio, including its movable property and equipment, and to use the Studio and the Shared space and its movable property and equipment only as part of normal use. The Studio or part thereof may not be used or sublet to anyone other than the Guest, unless otherwise agreed in writing or by e-mail.
7.1.2. The Client is obliged to repair any damage caused to the Studio or accompanying premises by him, the Guest or the Visitor (defined below).
7.1.3. No changes can be made in the Studio. Holes or fasteners (for example, nails, screws or picture hooks) may not be made in the walls or other surfaces of the Studio without the separate and express consent of Noli Studios.
7.1.4. Equipment and movable property located in the Studio may not be transferred outside the Studio without the prior written consent of Noli Studios. In individual cases, with prior agreement with Noli Studios, movable property may be temporarily transferred to a warehouse indicated by Noli Studios. For this purpose, the Client or Guest should contact Noli Studios customer service to arrange the transfer of movable property. 7.1.5. The Client or Guest has the right to bring their furniture and other standard personal belongings to the Studio, provided that they do not cause any damage or disruption to the Studio or Shared space or are not burdensome for other guests, and do not create a risk of fire or other similar threats.
7.1.6. Smoking (including e-cigarettes) or the use of strong fragrances that could disturb the stay of other guests is prohibited in the Studio and in Shared space. However, the Client or Guest acknowledges and accepts that Noli Studios does not offer hypoallergenic studios and cannot guarantee that the rooms are odor-free or otherwise anti-allergic.
7.1.7. The Client or Guest may not, through their behavior, disturb people staying in other Studios, Shared space or in the other parts of the premises. Activities that are deemed to be contrary to these Contractual terms include, in particular, organizing parties or other similar events in which the noise level between 10 p.m. and 7 a.m. exceeds 48 decibels measured at the Studio door or in Shared space.
7.1.8. The use of illegal substances or engaging in criminal activity is prohibited in the Studio or Shared space.
7.1.9. Guest is responsible for ensuring that: (i) the Studio and Shared space remain clean; (ii) waste is thrown into garbage containers in accordance with the rules of waste segregation; (iii) lights and electrical equipment are turned off and water taps and connections are closed when leaving the room and while the Guest before sleeping; and (iv) doors and windows are locked when the Guest is outside, and (v) keys and any door codes were not lost or made available to third parties, and keys were not copied. Costs incurred due to lost keys, such as replacing or making new locks or purchasing new locks, are borne by the Client or Guest.
7.1.10. For violation of these Contractual terms Noli Studios may seek liquidated damages in the amount of: (i) 300 PLN for every breach of provisions 7.1.3-7.1.9, and (ii) in the case the breach of the provisions 7.1.3-7.1.9 results in the intervention of the police or other competent authority or a claim against Noli Studios being filed – 800 PLN.
7.1.11 When using the WIFI network provided by Noli Studios, Guest agrees not to: a. send unsolicited commercial information and promotional materials, b. infringe on the intellectual property rights of third parties, especially in the area of computer programs, c. distribute materials containing content that violates the law or infringes the rights of third parties, d. take actions aimed at gaining unauthorized access to computer systems or information stored therein, e. take actions that cause suspension or blocking of other WIFI or Internet users’ terminal devices, intercept their data, interfere with their devices and software without their consent, f. with etiquette (the etiquette of computer network users), in particular, use abusive or obscene language, g. use connections to use the so-called dark net.
7.2 Visitors
7.2 Visitors
7.2.1. The Client or Guest has the right to occasionally invite visitors to the Studio (“Visitors”), provided that the Visitors do not disturb other Guests or the operation of the building in which the Studios are located. However, the number of Visitors staying overnight in the Studio may never exceed the maximum capacity of the Studio, which may be determined by the Client by the customer service.
7.2.2. In the event of a Visitor’s stay lasting longer than: (i) one (1) day in the case of Short-Term Stay Agreements or (ii) two (2) days in the case of Flexible Stay Agreements, the Client or Guest must notify the Noli Studios staff in advance and arrange such a visit. Visits cannot be continuous and Noli Studios has the right to limit the number of Visitors or visits for legitimate reasons.
7.2.3. Visitors may stay in the halls and other Shared space only under the responsibility of the Client or Guest. However, visitors are not entitled to use accompanying services (such as a gym, sauna or others) for free.
7.2.4. Noli Studios may specify the remuneration and reservation practices related to the aforementioned services on a case-by-case basis and these may differ between Agreements. In individual cases, Noli Studios may allow the use of the aforementioned services by Visitors without remuneration or on otherwise favourable conditions.
7.3 Pets
7.3.1. Bringing or keeping pets in the Studio or the Shared space is not allowed without the prior written or email consent of Noli Studios. A permit to bring pet may be received in given accommodations by paying a surcharge.
7.3.2. If the bringing of a pet to the Studio has been agreed upon, also the amount of allowed animals (one or two) will be specified with the Client. In that case, the pet may also be brought to the Shared space, excluding closed spaces such as shared kitchen.
7.3.3. If pets are brought to the Studio or Shared space without a permit, Noli Studios is entitled to charge a liquidated damages in the amount of 300 PLN as well as the actual costs of cleaning. Noli Studios is entitled to deduct this amount from the Security Deposit.
7.3.4. The Client is obligated to fully compensate for all damages, injuries and disturbances caused by the pet in the Studio or other facilities, regardless of whether a permit for bringing the pet had been granted. Noli Studios is entitled to deduct the amount required to repair the damage caused from the Security Deposit.
8. PERSONAL BELONGINGS AND ACCESS TO THE STUDIO
8. PERSONAL BELONGINGS AND ACCESS TO THE STUDIO
8.1. Noli Studios is responsible for the belongings of the Guest in accordance with the article 846 and 849 of the Polish Civil Code.
8.2. The Client shall ensure that all belongings of the Client or the Guest are removed from the Studio upon expiration of the Agreement. Any possible storing and packing is carried out at the Client’s cost.
8.3. Belongings left by the Client or the Guest will be stored by Noli Studios for 3 months following the expiration of the Agreement. After this term, if the belongings are not claimed by the Client or the Guest, Noli Studios deems that the belongings were left permanently by its owner, who is no longer interested in owning them. These belongings will be utilized or used in other way, as to Noli Studios decision. The fee for the storage is specified in the price list.
8.4. Noli Studios is entitled to visit the Studio to supervise the condition and maintenance of the Studio or the building and in order to provide cleaning and other services related to the Services. The Client or Guest must let Noli Studios’ representative visit the Studio to perform such tasks without delay.
8.5. If more extensive maintenance or other repairs are needed in the Studio, Noli Studio, shall if possible, notify the Client or the Guest are notified 24 hours before commencement of the respective works. The Client or the Guest is obligated to allow Noli Studios to perform such works.
8.6. Services ordered by the Client are delivered in accordance with the schedule communicated by Noli Studios. If the service ordered by the Client, such as cleaning, cannot be carried out due to the Client or Guest being present in the Studio or should the service be hindered for any other reason due to the Client or Guest (for example cleaning cannot be carried out in a normal manner), the service in question will not be carried out and the Client is not entitled to receive any compensation due to the service being hindered.
9. ADDITIONAL SERVICES
9. ADDITIONAL SERVICES
9.1.1 The Client may benefit from additional Services (such as restaurant, gym or working space) offered in connection with the Studio by Noli Studios.
9.1.2. Some additional Services may be subject to surcharges, as stated below.
9.1.3. Noli Studios does not guarantee the availability of the additional services or common facilities and reserves the right to make changes to additional services or common facilities available at any given time. The Client is not entitled to any compensation or reimbursement due to any hindrance or change to the availability or use of the additional services or common facilities.
9.2 Restaurant services
Restaurant services are provided by Noli Studio partner. These services are subject to additional fees.
9.4 Shared bicycles
A limited number of bicycles intended for shared use may be offered for the use of Guests free of charge. Noli Studios does not guarantee the availability of bicycles nor shall the lack of bicycles entitle the Client to any compensation. Use of the bicycles requires concluding additional contract. In case the bicycle is not returned, Noli Studio reserves the right to deduct a surcharge resulting from a separate agreement from the Security Deposit.
9.5 Cleaning
9.5.1. In the case of Short-Term Agreements, the Studio is cleaned every 3 days.
9.5.2. In the case of Flexible Stay Agreements, Studio cleaning is performed on demand, for an additional fee. The Client may order an additional cleaning service from Noli Studios, for which Noli Studios charges a fee in accordance with the current price list. The access to the Studio must be allowed for cleaning purposes The date of cleaning is agreed individually. Noli Studios may deduct unpaid cleaning fees from the Security Deposit.
9.6 Storage service
9.6.1. Noli Studios may provide storage services for personal belongings to Clients or Guests. For this purpose, it is necessary to conclude a separate storage agreement.
9.6.2. The price of the storage service is agreed separately and is determined based on the number of items stored and the length of the storage period. Current price list applies.
9.6.3. The Client or Guest arranges for the delivery of items to the warehouse and their collection from the warehouse indicated by Noli Studios at the time of concluding a separate storage agreement.
9.6.4. In order to optimize the use of storage space, the Client does not receive access to a specific storage space, and Noli Studios is entitled to move items from one storage space (warehouse) to another. The Client may ascertain which storage their belongings are stored in at a given time from the Noli Studio customer service.
10. CHECK-OUT, VACATING THE STUDIO AND TERMINATION OF ACCESS TO THE STUDIO UPON THE EXPIRATION OF THE AGREEMENT
10.1. Upon the expiration of the term of the Agreement or if the Agreement was terminated, the Accommodation shall be vacated to Noli Studios in the same condition where it was when the Agreement commenced.
10.2. The Client or Guest is obliged to carefully clean the Studio and in particular the Client or Guest shall take out the garbage, ensure that the surfaces of the room are clean, and shall vacuum and wash the dishes. 10.3. The Client or Guest is obliged to empty the Studio from their belongings, unless agreed otherwise with Noli Studios.
10.4. The Client may be charged a cleaning fee in accordance with the actual costs of the cleaning. Noli Studios is entitled to deduct the costs from the Security Deposit.
10.5. The check-out time is by 11 a.m. on the day of expiration of the Agreement, unless otherwise agreed upon. The Client and the Guest understand that the access to the Studio expires at this time. The access to the Studio also expires if the Agreement was terminated, as specified in the other provisions of the Agreement.
10.6. Should the Client, after the expiration of the Agreement not have vacated the Studio or if it has not been possible to agree upon the vacating of the Studio, the Resident’s movables and other belongings left in the Studio are stored by Noli Studios in accordance with section 8.3. Noli Studios has the right to deduct the cost of emptying the Studio of the Guest’s or Client’s belongings from the Security Deposit.
11. CLIENT’S AND GUEST’S LIABILITY
11.1 Notification about damage
11.1.1. The Client and the Guest shall promptly notify Noli Studios about any damage caused to the Studio or Shared space.
11.1.2. Damage that can be dangerous to other guests or persons must be notified in the reception or using the telephone number of Noli Studios’ customer service.
11.2 Compensating for damage, harm and disturbance
11.2.1. The Client or Guest is obliged to fully compensate Noli Studios for any damages, harm, losses and expenses intentionally or negligently caused by the action or omission of the Client, the Guest or any person residing or visiting the Studio, including Visitors that the Guest or Client has caused through his or her fault, as well as any damages, losses and expenses caused by the acts or omissions of Visitors. The obligation to repair damage also applies to events caused to movable property, equipment and devices made available to the Client or Guest.
11.2.2. The obligation to compensate also concerns the expenses of sanitisation, cleaning and repair of Studio in use of the Guest due to unusual dirtiness or wear. Noli Studios is entitled to deduct these costs from the Security Deposit.
11.2.3. If the Client or Guest triggers a fire alarm in the Studio or Shared space, the Client or Guest is obliged to reimburse the costs incurred as a result of the alarm (including e.g. evacuation and possible claims of other Clients). Noli Studios is entitled to deduct the costs from the Security Deposit.
11.2.4. Noli Studios will use a table to calculate the value of damage consisting of damage to the Studio, which determines the minimum cost of restoring the Studio to its previous condition, developed on the basis of costs incurred by Noli Studios. In the event that the actual cost of repairing the damage is higher, Noli Studios will claim the higher amount. Noli Studios has the right to deduct the damage costs from the Security Deposit.
11.3 Release from liability
The Client is released from liability if full compensation for the damage is paid by the person who caused the damage, for example the Guest or a third party.
11.4 Utility fee and consumption exceeding reasonable use
11.4 Utility fee and consumption exceeding reasonable use
11.4.1. If no other arrangements were made during the Reservation, Noli Studios charges a monthly utility fee from the Client to cover the costs of the Client’s use of water, electricity, heat, internet and other similar utilities related to the Studio.
11.4.2 The amount of the utility fee will be notified at the time of Reservation. The amount of the utility fee depends on the number of persons and covers the typical and reasonable use of the above-mentioned utilities for the Studio and accommodation as estimated by Noli Studios.
11.4.3. The Client must compensate Noli Studios for the consumption of water, electricity, internet and other goods to the extent that the consumption exceeds reasonable use. Reasonable use is considered to be use which does not exceed the typical consumption of living significantly.
11.4.4. Compensation may also be claimed for minor exceeding use if the Client has tried obtaining economic benefit by exploiting the so-called unrestricted use.
11.4.5. In addition to compensating the consumption exceeding reasonable use, the Client must also compensate for any economic benefit acquired through exploiting the unrestricted use. Noli Studio is entitled to deduct the utility fee from the Security Deposit.
12. NOLI STUDIOS’ LIABILITY
12.1 Provision of service
12.1.1. Noli Studios is responsible for ensuring that the Studio under the Agreement is available at the time as specified in the Agreement. However, Noli Studios is always entitled to offer the Client a Studio of better quality than the one chosen by the Client.
12.1.1. Noli Studios is responsible for ensuring that the Studio under the Agreement is available at the time as specified in the Agreement. However, Noli Studios is always entitled to offer the Client a Studio of better quality than the one chosen by the Client.
12.1.2. Noli Studios is responsible for ensuring that the Studio is, at the time of commencement of the Agreement, in such a condition as the Client may reasonably demand based on the description of the Studio and in light of other circumstances. Additionally, Noli Studios is responsible for normal wear of the Studio and its equipment, the functioning of the service and the expenses incurred from these. Noli Studios is not obliged to perform any works aimed at improving of Studio and any works are performed at sole discretion of Noli Studios.
12.1.3. Noli Studios shall employ reasonable endeavors to provide the Client with the additional Services, as specified in clause 9.3.
12.2 Provision of a substituting service
12.2.1. If the Studio is not available, or if for other reasons it is necessary to offer the Client a Studio deviating from the standards agreed, Noli Studios shall offer the Client a Studio or service which corresponds to the greatest extent possible what has been agreed upon, in a way the Client incurs no additional expenses.
12.2.2. If offering a substituting accommodation is impossible, Noli Studios reserves the right to terminate the Agreement with immediate effect. In this event, Noli Studios fully reimburses all payments made by the Client.
12.3 Defect notifications and repair of defects
112.3.1 Any remarks and complaints about the condition, movables and equipment of the Studio shall be made without delay and at the latest within 24 hours from the commencement of the Agreement, following which Noli Studios has the opportunity to repair the default.
12.3.2. If the defect notification has been delayed or is made only at the time of expiration of the Agreement, Noli Studios is not obligated to compensate for any damage or harm caused to the Client.
12.3.3. Noli Studios reviews, without undue delay, all written, including email, defect notifications provided to it concerning the Studio, its movables or equipment. Noli Studios repairs the defects promptly and within a reasonable time based on the urgency of the defect.
12.3.4. If the Guest and the Client are different persons, the Guest may notify Noli Studios of any defects he/she has noticed in the Studio, however, Noli Studios is responsible for the defect only towards the Client. 12.3.5. Indemnity claims related to the Agreement may be submitted to Noli Studios only by the Client, not the Guest.
12.4 Liability for damages and limitation of liability
12.4.1. Provisions that only apply to consumers as defined in article 22(1) of the Polish Civil Code: the liability of Noli Studios towards the Client who is a consumer shall be governed by the provisions of the Polish Civil Code.
12.4.2. Provision that apply to Client who is not a consumer: Noli Studios is liable for any delay or defect that constitute a breach of the Agreement, if the defect is a substantial defect of Noli Studios, and which cannot be remedied within a reasonable time. In such case, the Client is entitled to compensation for damage caused thereof. However, Noli Studios’ liability shall not exceed the lesser of the following amounts: (i) the total amount of payments made by the Client at the time of discovery of the defect or (ii) PLN 5000, provided that these limitations do not apply in case of willful acts of Noli Studios. Noli Studios is not liable for indirect damage or for loss of profits (lucrum cessans).
12.4.3. Clients who are not consumers are not entitled to obtain compensation if the defect or delay is caused by force majeure, or a decision of an authority.
12.4.4. In case the Client and the Client are different persons, Noli Studios always compensates only the Client, not the Guest. The Client and the Guest shall agree between themselves about the possible compensations to the Guest.
12.4.5. The Client undertakes, at his or her own cost, to defend Noli Studios against any claims or demands for compensation made by the Guest.
12.5 Force majeure
12.5.1. Provisions that only apply to Clients that are not consumers as defined in article 22(1) of the Polish Civil Code: Noli Studios is not liable for any delay or defect caused by force majeure.
12.5.2 Among other things, a natural disaster, fire, water damage, a strike, a pandemic, an interruption of energy distribution, a power or water cut, an internet, heating or sewage problem or the maintenance, repair or other work carried out by an outside party materially affecting the performance of the service are considered as force majeure.
12.5.3 The force majeure affecting any of Noli Studios’ partners or other essential operator in the Service provision is also considered as Noli Studios’ force majeure.
13. TERMINATION OF THE AGREEMENT BASED ON A BREACH
13.1 Noli Studios’ right of termination based on a breach of Agreement
13.1.1. Noli Studios may terminate the Agreement, if the Client or the Guest substantially breaches the Agreement. The termination shall enter into force immediately or at a time specified in the notice of termination. However, following termination, the Agreement will still be applied to establish the rules on liability.
13.1.2. Noli Studios is entitled to terminate the Agreement with immediate effect on the following grounds:
a. The Client or another person liable for payment is incapable of meeting its contractual obligations,
b. The financial situation of the Client or another person liable for payment has become substantially weaker and he/she neither pay the fees in advance nor paid or top-up the Security Deposit, as required,
c. The ownership of the Studio or Noli Studios real estate are transferred to a third party,
d. There has been a violation of the provisions of Section 7 of these Contractual Terms or Shared Spaces, including, in particular, those related to the prohibition of smoking, violation of the rules for animals, or there has been any other interference that affects the safety of Guests or the Facility, in particular, obstruction of smoke detectors or other interference with the operation of the Facility’s fire protection system, interference with the electrical installation of the Facility,
e. The Client or Guest has caused damage to the Studio or the Shared spaces, or any damage has occurred,
f. Criminal or other illegal activity has been engaged in in the Studio or in the Shared space,
g. The Studio is used for purposes substantially other than accommodation and staying the night,
h. The Guest continually and repeatedly lets outside person’s access the Studio in violation of these Contractual terms or such visitors cause disturbances at the Studio or Shared space,
i. Guest, Client or visitor repeatedly violates the night hours quiet time or disturbs other Guests.
13.2 Client’s right of termination based on a breach of Agreement
13.2.1. The Client may terminate the Agreement if Noli Studios has materially breached the Agreement or acted in violation of its obligations and Noli Studios has failed to rectify the defect or delay within a reasonable time.
13.2.2. The Client must provide a written notice of termination.
13.2.3. Upon termination a written document is prepared by the parties, in which the practical consequences of the termination of the Agreement are mutually agreed upon between Noli Studios and the Client. The Client’s refusal to prepare such document does not prevent or limit Noli Studios from taking any steps to defend Noli Studios rights, including economical rights
14. PROCESSING OF PERSONAL DATA
Noli Studios processes the personal data of the Client and the Guest in accordance with the privacy policy [nolistudiospl.sbs/privacy-policy].
15. SEVERABILITY
In case a part of the Agreement becomes invalid or unenforceable due to amendments to legislation, order of an authority or for other reasons, the remaining part of the Contractual terms or Agreement remains valid.
16. REFERENCE USE REGARDING BUSINESS CUSTOMERS
Noli Studios reserves the right to name the business customers using its services as its customers on its website and its other marketing materials, consistent with good business practices. If the Client wishes to prohibit the reference use, the Client shall notify Noli Studios in writing.
17. AMENDMENTS TO THE CONTRACTUAL TERMS
17.1. Noli Studios is entitled to amend the Contractual terms at any time in a way that is not detrimental to the Client.
17.2. Noli Studios may also change the Agreement or the Contractual terms in case any of the following justifiable reasons occur, which include: – the need to improve the safety of Client or Guests, – change in the scope of Services provided by Noli Studios, including their development, – counteracting fraud or abuse, – significant increases in business costs, – change in customer service, – change in legal regulations having a direct impact on the activities of Noli Studios, – issuance of a decision by a state authority that has a direct impact on the activities of Noli Studios.
17.3. Noli Studios notifies about changes to the Contractual terms no earlier than 30 days before their entry into force. The notification will be sent to the e-mail address provided by the Client. The notification period may be shortened if a change in law or a decision of a state authority enters into force within a shorter period. In the event of changes to the detriment of the Client, the Client is entitled to terminate the Agreement upon the entry into force of the amendment to the Contractual terms.
18. GOVERNING LAW AND DISPUTE RESOLUTION
18.1. The validity and interpretation of the Agreement is governed by the laws of Poland.
18.2. Noli Studios and the Client acknowledge and agree that this Agreement concerns the provision of accommodation services which are not subject to the Act of June 21, 2001 on the protection of tenants’ rights, municipal housing resources and amending the Civil Code.
18.3. If it will be necessary to ensure the legally required protection of the rights of individuals engaged in business activities (sole traders) who enter into an Agreement not directly related to their professional activities, the provisions of these Contractual terms on consumers shall apply to such persons, but only to the extent necessary.
18.4. Any disputes arising from or related to this Agreement will be resolved: (i) if the dispute is with a consumer within the meaning of Art. 22(1) of the Civil Code: the court competent in accordance with the provisions of the Code of Civil Procedure, (ii) in other cases: by the court competent for the registered office of Noli Studios.
18.5. The consumer within the meaning of Art. 22(1) of the Civil Code may also seek assistance in resolving disputes by contacting the Consumer Ombudsman. A customer who is a consumer has the opportunity to use out-of-court settlement of claims before the Provincial Inspectorate of Trade Inspection in Warsaw. Information on how to access the above-mentioned mode and procedures for resolving disputes are available at the following address: http://www.uokik.gov.pl, in the tab “Consumer dispute resolution