TERMS AND CONDITIONS FOR A FIXED STAY AGREEMENT
Booking Terms Updated 28.3.2025
I declare that I have received, read and accept the Terms and Conditions for the Provision of Accommodation Services by Noli Studios – FIXED STAY Agreement. I acknowledge that the Agreement is concluded for a FIXED STAY and may not be terminated prior to the expiry of its term (except in the cases described in these Terms and Conditions).
This Agreement does not apply to Noli’s “short stay” and “flexible stay” offers, which are governed by a separate terms and conditions
TERMS AND CONDITIONS FOR THE PROVISION OF ACCOMMODATION SERVICES BY NOLI STUDIOS – FIXED STAY AGREEMENT
1. PRELIMINARY PROVISIONS
1.1. These Terms and Conditions govern matters related to the reservation by the Client of a Studio together with related services, made through the website nolistudiospl.sbs or, if the reservation was completed by another method, accepted by the Client or the Guest at the time of entering into the Agreement. These Terms and Conditions define the rights and obligations of the Parties; therefore, familiarisation with these Terms and Conditions by the Client or by the person designated by the Client who will use the Studio and the related services (i.e. the Guest as defined below) is a condition for using the Services provided by Noli Studios.
1.2. These Terms and Conditions apply to Agreements concluded for a FIXED STAY indicated at the time of entering into the Agreement or amended by an annex entered into by Noli Studios and the Client.
1.3. The Client and the Guest acknowledge and accept that:
1.3.1. the Studio is not residential premises within the meaning of the Act of 21 June 2001 on the Protection of Tenants’ Rights, the Municipal Housing Stock and Amendments to the Civil Code (the “Tenant Protection Act”),
1.3.2. the Studio is located in a building which, under construction law provisions, constitutes a hospitality establishment, and consequently 1.3.3. the provisions of the Tenant Protection Act do not apply to the Agreement
2. DEFINITIONS
2.1. Noli Studios – depending on the location where the Services are provided and to which the Agreement relates, Noli Studios shall mean the entity indicated below: 1) if the Services are provided at Noli Studios Mokotow – Mokotów I Propco Sp. z o.o., with its registered office in Warsaw, ul. Towarowa 28, 00-839 Warsaw, entered in the National Court Register under KRS No. 0000876332, NIP 5272945786, REGON 387832634, 2) if the Services are provided at Noli Studios Gdańsk Wrzeszcz – Inverdeno Investments sp. z o.o., with its registered office in Warsaw, ul. Towarowa 28, 00-839 Warsaw, entered in the National Court Register under KRS No. 0000959668, NIP 5272993294, REGON 52148516100000, 3) if the Services are provided at Noli Studios Gdańsk Riverside – Lortenmore Investments sp. z o.o., with its registered office in Warsaw, ul. Towarowa 28, 00-839 Warsaw, entered in the National Court Register under KRS No. 0000967985, NIP 5272999196, REGON 52181902400000, 4) if the Services are provided at Noli Studios Gdańsk Old Town – Kerpantile Investments Sp. z o.o., with its registered office at ul. Towarowa 28, 00-839 Warsaw, entered in the National Court Register under KRS No. 0000967311, NIP 5272998860, REGON 521791900.
2.2. Client – a natural person, legal person, or organisational unit without legal personality to which the law grants legal capacity, entering into an Agreement with Noli Studios for the 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 the Guest if the Client has entered into an Agreement with Noli Studios for the provision of Services for the Client’s own benefit.
2.4. Studio – an independent part of a building made available by Noli Studios to the Client or the Guest for the purpose of temporary accommodation.
2.5. Services – accommodation services in the Studio and related services provided for consideration by Noli Studios to the Client or the Guest. Related services include, in particular, access to and use of the Common Areas, storage services, bicycle hire services, laundry services, etc. Certain related services are additionally payable and are not covered by the monthly consideration paid by the Client.
2.6. Common Areas – rooms or parts of the building in which the Studios are located, designated for the common use of Clients or Guests. Common Areas include, in particular, a shared kitchen, laundry room, work spaces, lobby and gym.
2.7. Terms and Conditions – these Rules and Regulations.
2.8. Agreement – the agreement for the provision of Services entered into by the Client and Noli Studios, to which these Terms and Conditions apply.
2.9. Security Deposit – a sum of money collected by Noli Studios, the payment of which is a condition for concluding the Agreement.
3. CONCLUSION OF THE AGREEMENT, TERM OF THE AGREEMENT AND TERMINATION
3.1. Conclusion of the Agreement, Security Deposit, commencement of use of the Studio
3.1.1. The Agreement is concluded by signing the agreement, including by electronic signature or in documentary form. As part of the process of entering into the Agreement, the Client shall specify: 1) the term of the Agreement, which shall be guaranteed, 2) the data required by Noli Studios, including contact details, 3) the details of the Guest if the Guest is a person other than the Client, 4) the number of Guests who will use the Studio under the Agreement, and 5) shall make the required payment, including payment of the reservation fee, or simultaneously pay the Security Deposit in the amount required by Noli Studios. Noli Studios shall make the handover of the Studio conditional upon payment of the Security Deposit, the administrative fee, presentation of an insurance policy covering damage caused in the Studio through the fault of the Client during the term of the Agreement, and payment of the consideration for the first month of the Agreement. The consideration specified by Noli Studios for the provision of the Services includes VAT. At the time of entering into the Agreement, 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. After the Agreement has been concluded and the Client has made all payments that condition the possibility of using the Studio, the Client or the Guest may commence use of the Studio.
3.1.3. Commencement of use of the Studio requires check-in. Check-in takes place between 3:00 p.m. and 10:00 p.m. (local time) on the day indicated in the Agreement as the start date of the Services, unless otherwise agreed after the Agreement has been concluded. Failure by the Client or the Guest to complete check-in does not affect Noli Studios’ right to charge consideration. The end time of use of the Services, which is also the moment of expiry of the Agreement, shall be 11:00 a.m. on the last day indicated in the Agreement. Upon expiry of the Agreement, the Client’s right to use the Studio and the possibility to use the Services shall cease, which is tantamount to loss of access to the Studio, in accordance with Section 8.
3.2. Term of the Agreement
3.2.1. The Agreement is concluded for the FIXED STAY indicated at the time of entering into the Agreement or amended by an annex entered into by Noli Studios and the Client, and remains in force until the date indicated in the Agreement or until the Agreement is terminated before that date under the provisions of the Agreement or applicable law.
3.2.2. If the Guest wishes to discontinue the Services before expiry of the term of the Agreement and there are no other grounds for termination, the Parties may, by mutual agreement, terminate the Agreement after the Guest has paid the entire consideration due for the originally agreed term of the Agreement.
3.2.3. No later than 30 days before expiry of the term of the Agreement, the Client may inform Noli Studios in writing of the intention to conclude a new agreement concerning the Studio for a further FIXED STAY. In such case, Noli Studios shall propose new contractual terms, which the Client is not obliged to accept. Noli Studios is not obliged to conclude a new agreement, in particular if the Client has been in arrears with payments, caused any damage in the Studio, or has not accepted the new terms of the Services.
3.3. Change in the number of Guests
3.3.1. A reduction in the number of Guests using the Studio before the check-in date or during the term of the Agreement shall have no effect on the calculation of fees for using the Studio. 3.3.2. An increase in the number of Guests using the Studio before the check-in date or during the term of the Agreement entitles Noli Studios to recalculate the fees for using the Studio with effect from the date on which the additional Guests are to use the Studio. Such recalculation does not require an annex to the Agreement. Where payment of an additional fee reflecting the new number of Guests is required, the Client shall pay such fee in the amount and within the time limit specified by Noli Studios, and shall also pay the new amount of the Security Deposit. Failure to pay the additional fee or the Security Deposit in the updated amount means that only the number of Guests indicated in the original Agreement may use the Studio.
4. OBLIGATIONS OF THE CLIENT
4.1. The Client shall be responsible for compliance with these Terms and Conditions and the Agreement.
4.2. The Studio and the accommodation services are intended solely for personal, temporary stay. The Client and/or the Guest undertakes not to use the Studio as a permanent residence or as the fixed centre of the Client’s or Guest’s personal life activities. The Client and/or the Guest is expressly prohibited from using the Studio as a permanent place of residence.
4.3. The Client and/or the Guest is prohibited from conducting business activity in the Studio, in particular from indicating the Studio as any form of registered office or registering any form of business activity at the Studio.
4.4. Any breach of the obligations set out in Sections 4.2 and 4.3 shall constitute a material breach of the Agreement and shall entitle Noli Studios to terminate the Agreement with immediate effect.
4.5. Before commencing use of the Studio, and each time the Guests are changed, the Client shall promptly inform Noli Studios of the correct and current personal data of the Guests, as well as any other necessary contact details and identifying data of all Guests using the Studio.
4.6. Any change of Guest requires agreement with Noli Studios 3 business days before the Guest’s check-in date.
4.7. At the request of Noli Studios, the Guest must verify his or her identity, including by presenting a valid identity card or passport or another document confirming identity.
4.8. If the Client and the Guest are different persons, the Client and the Guest shall be jointly and severally liable for performance of the Agreement and compliance with these Rules and Regulations. Irrespective of the foregoing, the Client shall be liable for the Guest’s compliance with the provisions of the Agreement and these Rules and Regulations. The Client shall inform the Guest of the terms and obligations arising from those documents. By using the Studio and the Services, the Guest becomes bound by the Agreement and these Terms and Conditions and undertakes to comply with the terms arising therefrom. 4.9. Immediately after check-in, the Guest should provide Noli Studios with information on any damage in the Studio (scratches on walls, non-functioning equipment, other damage, etc.). If the Guest does not report such damage no later than within 24 hours from commencement of use of the Studio, the Guest or the Client may be charged with the repair costs of damage identified by Noli Studios in the Studio.
5. PAYMENTS AND CHANGES TO CONSIDERATION
5.1. Invoicing
5.1.1. The Client shall make payments for the provision of the Services (including the fee for use of the Studio, utilities fee, any fees for additional services, and the reservation fee) within the time limits set out below. Invoices shall be issued: 1) for Clients who are natural persons not conducting business activity, or entities without a registered office in Poland – in electronic form, 2) for Clients who are natural persons conducting business activity and other professional entities – through the Ksef mechanism (National System of eInvoces).
5.1.2. A Client who is a natural person not conducting business activity or who does not have a registered office in Poland shall provide Noli Studios with a current e-mail address for delivery of invoices if it is different from the one indicated when entering into the Agreement.
5.1.3. Invoices covering the consideration due for the provision of the Services must be paid in advance for each month during the entire term of the Agreement, by the 10th day of the relevant month, subject to Section
5.1.4. If the provision of the Services begins in the middle of a calendar month and the start date of the Services is the 15th day of the calendar month or later, the first invoice shall cover the remaining days of that calendar month and the next full calendar month. If the start date of the Services falls on the 14th day of the calendar month or earlier, the first invoice shall cover only the remaining days of that calendar month. In addition, in the event of an increase in the number of Guests using the Studio, an additional fee proportionate to the period of use of the Studio in the relevant month may be payable.
5.2. Security Deposit
5.2.1. Noli Studios may require the Client, when making a reservation, to pay a Security Deposit, the amount of which shall be determined individually. Failure to pay the Security Deposit means that the Agreement does not come into effect.
5.2.2. The Security Deposit serves as security for all pecuniary claims of Noli Studios arising under the Agreement, including claims for payment of consideration, consideration due for a change in the length of stay, accrued interest, additional charges including cleaning fees, contractual penalties, and the cost of repair by Noli Studios of damage caused in the Studio for which the Guest or the Client is responsible.
5.2.3. A Client who is not a consumer shall not be entitled to set off the consideration due to Noli Studios against the Security Deposit.
5.2.4. The Security Deposit shall be returned to the Client after all contractual obligations have been duly performed, after any damage in the Studio has been repaired, after the Client’s or Guest’s belongings have been removed from the Studio, and after cleaning or any other actions required upon expiry of the Agreement have been carried out.
5.2.5. The Security Deposit shall be returned using the same payment method by which it was paid and in the same currency. The refund shall be made within 60 days from the end of the stay.
5.2.6. No interest shall accrue on the Security Deposit paid by the Client.
5.3. Change in the amount of consideration
5.3.1. Noli Studios may increase the amount of the consideration once per calendar year based on the actual costs incurred by Noli Studios in connection with maintaining the property in which the Studio is located, i.e. the land, equipment and the common parts of the property and building (“Common Spaces”). These costs include, among other things, cleaning, repairs, utility supplies for the Common Spaces, taxes, charges, and justified investments concerning the building for the benefit of all Clients. Noli Studios shall inform the Client of the update of the consideration by e-mail, and no amendment to the Agreement shall be required. The increase in consideration shall not exceed 15% of the amount originally applicable. The new amount of consideration shall apply from the first day of the calendar month following the calendar month in which the notice was given. 5.5. Delay in payments
5.5.1. In the event of delay in payments, Noli Studios shall be entitled to charge statutory default interest.
5.5.2. A Client who is not a consumer shall also be charged a fixed debt recovery cost of PLN 20 (twenty) if a payment demand is sent to the Client by post. In addition, Noli Studios may charge such Client with justified costs caused by the collection of the overdue payment.
5.5.3. Any payment made by the Client, or any amount set off from the Security Deposit, shall be credited first towards expenses caused by collection of the overdue payment, then towards interest, and thereafter towards the earliest due consideration, until Noli Studios’ claims have been satisfied.
5.5.4. If, despite a payment demand, the Client has not paid the due consideration arising under the Agreement, and the Security Deposit paid does not fully satisfy Noli Studios’ claims, other receivables that were not previously due shall also become immediately due and payable, unless mandatory provisions of law provide otherwise.
6. OBLIGATIONS OF THE CLIENT AND THE GUEST RELATED TO THE USE OF THE STUDIO AND THE COMMON AREAS
6.1. General provisions
6.1.1. The Client or the Guest shall take proper care of the Studio, including the movable property and equipment located therein, and shall use the Studio and the Common Areas, including the movable property and equipment located therein, solely within the scope of normal use. The Studio or any part thereof may not be made available for use to anyone other than the Guest, unless otherwise agreed in writing or by e-mail.
6.1.2. The Client shall repair any damage caused in the Studio or the Common Areas by the Client, the Guest or a Visitor (as defined below).
6.1.3. No alterations may be made in the Studio. Holes or mounting elements (for example nails, screws or picture hooks) may not be made in the walls or other surfaces of the Studio without the separate and explicit consent of Noli Studios.
6.1.4. The equipment and movable property located in the Studio may not be moved outside the Studio without Noli Studios’ prior written consent. In individual cases, subject to prior agreement with Noli Studios, movable items may be temporarily moved to a storage facility designated by Noli Studios. For this purpose, the Client or the Guest should contact Noli Studios customer service to arrange the transfer of such items.
6.1.5. The Client or the Guest may bring his or her own furniture and other standard personal belongings into the Studio, provided that they do not cause any damage or disturbance in the Studio or the Common Areas, do not create a nuisance for other guests, and do not create a fire risk or any other similar hazard.
6.1.6. Smoking tobacco (including e-cigarettes) or using strong-smelling substances that could disturb other guests is prohibited in the Studio and in the Common Areas. At the same time, the Client or the Guest acknowledges and accepts that Noli Studios does not offer hypoallergenic Studios and cannot guarantee that rooms are odour-free or otherwise anti-allergenic. 6.1.7. Disturbing the peace and order in the Studio or the Common Areas is prohibited, and the Client or the Guest may not, by his or her conduct, disturb persons staying in other Studios, Common Areas or on the property where the Studios are located. Conduct contrary to these Terms and Conditions includes, in particular, organising parties or similar events where the noise level between 10:00 p.m. and 7:00 a.m. exceeds 48 decibels measured at the door to the Studio or in the relevant Common Area. 6.1.8. The use of illegal substances or engagement in criminal activity is prohibited in the Studio or the Common Areas.
6.1.9. The Guest shall be responsible for ensuring that: (i) the Studio and the related Common Areas remain clean; (ii) waste is disposed of in refuse containers in accordance with waste segregation rules; (iii) lights and electrical appliances are switched off and taps and water connections are turned off when leaving the Studio and before going to sleep; (iv) doors and windows are always closed when leaving the Studio; and (v) keys and any door access codes are not lost or made available to unauthorised persons, and keys are not copied. Costs incurred in connection with losing keys, such as replacement of or additions to locks or purchase of new locks, shall be borne by the Client or the Guest.
6.1.10. For any acts or omissions contrary to these Rules and Regulations, Noli Studios may demand payment of a contractual penalty: (i) in the amount of PLN 300 for each breach of Sections 6.1.3–6.1.9, and (ii) in the event that the consequence of the breach of Sections 6.1.3–6.1.9 is police intervention or an official complaint submitted by third parties – PLN 800.
6.1.11. When using the Wi-Fi network made available by Noli Studios, the Guest undertakes not to: a. send unsolicited commercial information and promotional materials; b. infringe the intellectual property rights of third parties, in particular with respect to computer programs; c. disseminate materials containing content that violates the law or infringes the rights of third parties; d. undertake actions aimed at obtaining unauthorised access to computer systems or information stored therein; e. undertake actions causing suspension or blocking of end devices of other users of the Wi-Fi network or the Internet, intercept their data, or interfere with devices and software without their consent; f. act contrary to netiquette, in particular by using abusive or indecent language; g. use the connection to access the so-called dark net.
6.2. Visitors 6.2.1. The Client or the Guest may 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 the Client may determine with Customer Service.
6.2.2. In the event of a Visitor’s stay lasting longer than: (i) one (1) day in the case of Short-Stay Agreements, or (ii) two (2) days in the case of Flexible Stay Agreements, the Client or the Guest must notify Noli Studios in advance and agree such visit. Visits may not be continuous in nature, and Noli Studios has the right to limit the number of Visitors or visits for justified reasons.
6.2.3. Visitors may stay in the lobbies and other Common Areas solely at the responsibility of the Client or the Guest. However, Visitors are not entitled to use publicly available services (such as the gym, sauna or others) free of charge.
6.2.4. Noli Studios may, however, individually determine the remuneration and reservation rules for specific services for Visitors, which may differ depending on the Agreement entered into. In individual cases, Noli Studios may allow Visitors to use the above services free of charge or on other preferential terms.
6.3. Animals
6.3.1. Keeping animals in the Studio or in the Common Areas is prohibited without the prior written or e-mail consent of Noli Studios. Consent to keep pets may be obtained for an additional fee.
6.3.2. If the Client or the Guest wishes to keep an animal in the Studio, consent from Noli Studios should be obtained before entering into the Agreement. As part of the consent granted, the permitted number of animals (one or two) shall also be determined. In such case, the pet may be brought into the Common Areas, except for enclosed rooms such as the shared kitchen.
6.3.3. In the event of keeping an animal in the Studio or in the Common Areas without permission, Noli Studios shall be entitled to demand payment of a contractual penalty in the amount of PLN 300 increased by the actual cleaning costs after the animal. Noli Studios shall be entitled to deduct these amounts from the Security Deposit.
6.3.4. The Client or the Guest shall cover all damage caused by the animal in the Studio or in the Common Areas, irrespective of whether consent to keep pets was granted. Noli Studios shall be entitled to deduct the costs of repairing such damage from the Security Deposit.
7. PERSONAL BELONGINGS AND ACCESS TO THE STUDIO
7.1. Noli Studios shall be liable for the Guest’s belongings in accordance with Articles 846 and 849 of the Civil Code.
7.2. The Client or the Guest undertakes to remove all belongings of the Client or the Guest from the Studio upon expiry of the Agreement. Any packing and storage of belongings shall be at the Client’s expense.
7.3. Belongings left in the Studio by the Client or the Guest shall be stored by Noli Studios for a period of 3 months from expiry of the Agreement. After that period, if they are not collected by the Client or the Guest, they shall be deemed abandoned by their owner. Such items shall be disposed of at the Client’s expense or otherwise handled by Noli Studios. The price for storage of belongings is set out in the price list.
7.4. Noli Studios is entitled to enter the Studio for the purpose of supervising the condition and maintenance of the Studio and for the purpose of providing cleaning services and other services related to the accommodation services. The Client or the Guest shall promptly allow a representative of Noli Studios to enter the Studio in order to perform such activities.
7.5. If more advanced maintenance works in the Studio are necessary, Noli Studios shall, where possible, notify such need 24 hours before commencement of such works. The Client or the Guest shall allow such works to be carried out. 7.6. Services ordered by the Client shall be provided in accordance with the schedule communicated by Noli Studios. If a service ordered by the Client, such as cleaning, cannot be carried out due to the presence of the Client or the Guest in the Studio, or if performance of the service is impeded for any other reason attributable to the Client or the Guest (e.g. cleaning cannot be carried out in the normal manner), the relevant service shall not be provided and the Client shall not be entitled to any compensation on that account
8. ADDITIONAL SERVICES
8.1.1. The Client or the Guest may, on specified dates, use additional services or amenities also intended for other guests (such as a restaurant, workspace or gym) offered in connection with the Studio by Noli Studios.
8.1.2. Certain Additional Services may be subject to additional fees, as indicated below.
8.1.3. Noli Studios does not guarantee the availability of Additional Services and reserves the right to make changes to the available Additional Services at any time. The Client or the Guest shall not be entitled to any compensation or reimbursement due to any inconvenience or changes in the availability or use of Additional Services.
8.2. Restaurant services Restaurant services are provided by Noli Studios’ partner. These services are additionally payable.
8.3. Parking space Parking spaces for standard-size passenger cars are located next to or underneath the building in which the Studios are located. Noli Studios does not provide parking space reservation services, and use of the parking area depends on current availability. Additional fees and separate Terms and Conditions apply.
8.4. Bicycle hire A limited number of bicycles intended for shared use may be offered by Noli Studios free of charge. Noli Studios does not guarantee the availability of bicycles, and the lack of bicycles does not entitle the Client to any compensation. Use of bicycles requires conclusion of a separate agreement. In the event of failure to return a bicycle on time, Noli Studios reserves the right to deduct a contractual penalty in the amount specified in the separate agreement from the Security Deposit. 8.5. Cleaning Cleaning of the Studio is provided at the Client’s request for an additional fee. The Client may order a cleaning service from Noli Studios, for which Noli Studios charges a fee in accordance with the current price list. The date of additional cleaning is agreed individually. Noli Studios may deduct any unpaid cleaning fee from the Security Deposit.
8.6. Storage service
8.6.1. Noli Studios may provide personal belongings storage services for Clients or Guests. For that purpose, a separate storage agreement must be concluded. 8.6.2. The price of the storage service is agreed separately and is determined based on the quantity of stored items and the duration of storage, in accordance with the current price list.
8.6.3. The Client or the Guest arranges delivery of the items to the storage facility and collection of the items from the storage facility designated by Noli Studios when concluding the separate storage agreement.
8.6.4. In order to optimise use of space, the Client shall not be granted access to a specific storage area, and Noli Studios shall be entitled to move items from one storage area to another. The Client may obtain information from Noli Studios customer service as to the storage facility in which the Client’s items are stored at a given time.
8.7. Laundry Not every Studio is equipped with a washing machine. The Client may use the laundry facilities located at Noli Studios for an additional fee. Separate Terms and Conditions apply.
9. CHECK-OUT, VACATING THE STUDIO AND TERMINATION OF ACCESS TO THE STUDIO UPON EXPIRY (TERMINATION) OF THE AGREEMENT
9.1. Upon expiry of the term of the Agreement or upon its termination, the Studio shall be vacated by the Client or the Guest and left in the same condition as it was at the commencement of the Services.
9.2. The Client or the Guest shall thoroughly clean the Studio and in particular remove rubbish, wash the floors and bathroom, vacuum the Studio, and wash the dishes.
9.3. The Client or the Guest shall empty the Studio of his or her own belongings, unless otherwise agreed.
9.4. The Client or the Guest may be charged a cleaning fee according to the actual cleaning costs. Noli Studios is entitled to deduct such costs from the Security Deposit.
9.5. The Studio must be vacated by 11:00 a.m. on the day the Agreement expires, unless otherwise agreed. After that time, access to the Studio shall expire. Access shall also expire immediately upon termination of the Agreement for other reasons specified in these Rules and Regulations.
9.6. If, after expiry or termination of the Agreement, the Client or the Guest does not vacate the Studio, or if it has not been possible to reach an agreement regarding vacating the Studio, the movable property and other belongings of the Client or the Guest left in the Studio shall be delivered to storage in accordance with Section 8.3. Noli Studios is entitled to deduct the costs of emptying the Studio of the Guest’s or Client’s belongings from the Security Deposit.
10. LIABILITY OF THE CLIENT AND THE GUEST
10.1. Reporting of damage
10.1.1. The Client or the Guest shall immediately notify Noli Studios of any damage caused in the Studio or the Common Areas. 10.1.2. Damage that may endanger persons must be reported immediately at reception or to the Noli Studios customer service telephone number indicated on the website.
10.2. Obligation to repair damage
10.2.1. The Client or the Guest shall repair to Noli Studios all damage, losses and expenses caused through the fault of the Guest or the Client, as well as all damage, losses and expenses caused by the acts or omissions of Visitors. The obligation to repair damage also applies to damage caused to movable property, equipment and devices made available to the Client or the Guest.
10.2.2. The obligation to repair damage also covers the costs of sanitisation, cleaning and repair of the Studio used by the Client or the Guest due to unusual dirt or wear exceeding normal use of the Studio or the Common Areas. Noli Studios is entitled to deduct the costs of such cleaning from the Security Deposit.
10.2.3. If the Client or the Guest triggers a fire alarm in the Studio or the Common Areas, the Client or the Guest shall reimburse the costs incurred as a result of the alarm (including, for example, evacuation and any claims of other Clients). Noli Studios is entitled to deduct the costs of such damage from the Security Deposit.
10.2.4. To calculate the value of damage consisting in damage to the Studio, Noli Studios shall apply a table specifying the minimum costs of restoring the Studio to its previous condition, developed on the basis of costs incurred by Noli Studios. If the actual costs of repairing the damage are higher, Noli Studios shall pursue that higher amount. Noli Studios is entitled to deduct the costs of damage from the Security Deposit.
10.3. Release from liability The Client shall be released from liability if full repair of the damage is effected by the person who caused the damage, for example the Guest or a third party.
10.4. Utilities fee and consumption exceeding reasonable use
10.4.1. Unless otherwise indicated at the time of entering into the Agreement, Noli Studios shall charge the Client a monthly utilities fee to cover the costs of the Client’s or Guest’s use of water, electricity, heating, internet and other similar utilities related to the Studio.
10.4.2. The amount of the utilities fee shall be provided at the time of entering into the Agreement. The amount of the utilities fee depends on the number of persons in the Studio and covers typical and reasonable consumption of the above utilities for the purposes of the Studio and the provision of related services, as assessed by Noli Studios.
10.4.3. The Client shall make an additional payment to Noli Studios for the consumption of water, electricity, internet and other utilities to the extent that such consumption exceeds reasonable use. Reasonable use means consumption that does not materially exceed the average consumption necessary to ensure normal functioning.
10.4.4. Noli Studios shall also be entitled to demand payment of an additional fee for a slight excess over reasonable use if the Client attempted to obtain a financial benefit by taking advantage of so-called unlimited consumption.
10.4.5. In addition to the additional fee for consumption exceeding reasonable use, the Client must also reimburse Noli Studios for any benefits obtained as a result of such consumption. Noli Studios is entitled to deduct the utilities fee from the Security Deposit.
11. LIABILITY OF NOLI STUDIOS
11.1. Liability for the Services provided
11.1.1. Noli Studios shall be liable for ensuring the availability of the reserved Studio on the date indicated in the Agreement. However, Noli Studios shall always be entitled to offer a stay in a Studio of a higher standard than the one selected by the Client. 11.1.2. Noli Studios shall be responsible for ensuring that, at the commencement of the Services, the Studio is in such condition as the Client or the Guest may reasonably require based on the description of the Studio and in light of the other circumstances. In addition, Noli Studios shall be responsible for normal wear and tear of the Studio and its equipment. However, Noli Studios shall not be obliged to carry out any improvement works in the Studio, and such works shall be performed at the sole discretion of Noli Studios.
11.1.3. Noli Studios shall, where possible, ensure the performance of additional services ordered or purchased by the Client (subject to Section 8.3).
11.2. Provision of substitute services
11.2.1. If the Studio is not available or if, for other reasons, it is necessary to offer the Client a stay in a Studio deviating in standard from what was agreed, Noli Studios is entitled to offer the Client an alternative Studio or service corresponding as closely as possible to the terms of the Agreement, without additional cost to the Client.
11.2.2. If it is not possible to provide substitute accommodation services, Noli Studios reserves the right to terminate the Agreement with immediate effect. In such case, Noli Studios shall refund in full all payments made by the Client. 11.3. Reporting defects and remedying defects
11.3.1. Any comments and complaints concerning the condition, movable property and equipment of the Studio must be reported immediately, no later than within 24 hours from commencement of the Services (i.e. from the first day of stay in the Studio), so that Noli Studios may remedy the defects.
11.3.2. If notice of a defect is given late or only at the time of expiry of the Agreement, Noli Studios shall not be obliged to incur any further costs or pay compensation.
11.3.3. Noli Studios shall consider without undue delay all written or e-mail notices of defects concerning the Studio submitted to it. Noli Studios shall remedy defects within a reasonable time, depending on the urgency of the defect and the availability of spare parts (if required to remedy the defect).
11.3.4. If the Client and the Guest are different persons, the Guest may report to Noli Studios any defects in the Studio noticed by the Guest, provided that Noli Studios shall be liable for defects exclusively to the Client.
11.3.5. Claims for damages related to the Agreement may be submitted to Noli Studios exclusively by the Client and not by the Guest.
11.4. Liability for damage and limitation of liability
11.4.1. Provisions applying exclusively to consumers within the meaning of Article 22(1) of the Civil Code: the liability of Noli Studios towards a Client or Guest who is a consumer is governed by the provisions of the Civil Code.
11.4.2. Provisions applicable to Clients other than those indicated above: Noli Studios shall be liable for an act or omission constituting a breach of the Agreement if such breach is material, cannot be remedied within a reasonable time, and was caused by wilful misconduct or gross negligence of Noli Studios. In such case, the Client shall be entitled to compensation for the damage suffered. However, unless mandatory provisions provide otherwise, Noli Studios’ liability shall not exceed the lower of the following amounts: (i) the total amount of payments made by the Client to Noli Studios at the time the defect was discovered, or (ii) PLN 5,000. Noli Studios shall not be liable for indirect damage or loss of profits (lucrum cessans).
11.4.3. A Client other than a consumer within the meaning of Article 22(1) of the Civil Code shall not be entitled to compensation if the defect, damage or delay is caused by force majeure or a decision of a state authority.
11.4.4. If the Client and the Guest are different persons, Noli Studios shall always pay compensation only to the Client and not to the Guest. The Client and the Guest shall agree between themselves on any compensation for the Guest.
11.4.5. The Client undertakes, at the Client’s own expense, to defend Noli Studios against any claims or demands for damages made by the Guest.
11.5. Force majeure
11.5.1. Provisions applicable to Clients other than consumers within the meaning of Article 22(1) of the Civil Code: Noli Studios shall not be liable for any damage or defects caused by force majeure.
11.5.2. Force majeure includes, among other things: natural disasters, fires, flooding, strikes, pandemics, energy supply interruptions, interruptions in electricity or water supply, problems with internet, heating or sewage systems, as well as maintenance or repair works carried out by external entities that are not subcontractors of Noli Studios.
11.5.3. It is understood that force majeure affecting any subcontractor of Noli Studios shall also be deemed force majeure in relation to Noli Studios.
12. TERMINATION OF THE AGREEMENT DUE TO BREACH
12.1. Noli Studios’ right to terminate the Agreement due to breach
12.1.1. Noli Studios may terminate the Agreement if the Client or the Guest materially breaches the Agreement. Termination may have immediate effect or take effect on the date indicated in the termination notice. However, after termination, the Agreement shall continue to apply to the extent necessary to determine the rules of liability and liability for damage.
12.1.2. Noli Studios is entitled to terminate the Agreement with immediate effect and without observing any notice period for the following reasons:
a. the Client or another person obliged to pay the consideration is unable to perform his, her or its contractual obligations,
b. the financial situation of the Client or another person obliged to pay has significantly deteriorated and the Client does not pay the consideration in advance or does not establish the Security Deposit, or does not top up the Security Deposit in accordance with Noli Studios’ demand,
c. ownership of the Studio or of Noli Studios’ property has been transferred to a third party,
d. there has been a breach in the Studio or in the Common Areas of the provisions of Section 6 of these Rules and Regulations, including in particular those related to the smoking ban, breach of the rules concerning animals, or other disturbances affecting the safety of Guests or the Facility, in particular covering smoke detectors or otherwise interfering with the operation of the Facility’s fire protection systems, or interference with the Facility’s electrical installation,
e. the Client or the Guest has caused damage or any destruction in the Studio or in the Common Areas,
f. a criminal offence has been committed in the Studio or other illegal activity is being conducted there,
g. the Studio is being used for purposes materially different from accommodation and overnight stay,
h. the Client or the Guest repeatedly allows access to the Studio to outside persons in breach of these Rules and Regulations, or such Visitors cause disturbances in the Studio or the Common Areas,
i. the Guest, the Client or a visitor repeatedly breaches quiet hours or disturbs the stay of other Guests.
12.1.3. If the Agreement has been terminated under Section 12.1, the Client or the Guest loses the right to stay in the Studio or the Common Areas, and Noli Studios reserves the right not to accept any future reservations made by the Client.
12.2. Client’s right to terminate the Agreement due to breach
12.2.1. The Client may terminate the Agreement if Noli Studios has materially breached the Agreement or acted in breach of its contractual obligations and such breach has not been remedied within a reasonable time.
12.2.2. In order to terminate the Agreement, the Client shall submit a termination notice in writing. 12.2.3. At the time of termination of the Agreement, a document shall be prepared in which Noli Studios and the Client jointly agree the consequences of termination of the Agreement. The Client’s refusal to prepare such document shall not prevent or limit Noli Studios from taking actions after termination of the Agreement aimed at securing Noli Studios’ interests.
13. PROCESSING OF PERSONAL DATA
Noli Studios processes the personal data of the Client and the Guest in accordance with the privacy policy available at nolistudiospl.sbs under the tab “Privacy Policy”.
14. APPLICATION OF THE TERMS AND CONDITIONS AND THE AGREEMENT
If any part of these Terms and Conditions or the Agreement becomes invalid or unenforceable due to changes in law, a decision of a state authority, or for other reasons, the remaining part of these Terms and Conditions or the Agreement shall remain in force.
15. REFERENCES TO BUSINESS CLIENTS
Noli Studios reserves the right to indicate business Clients using the Services as its clients on its website and in other marketing materials, in accordance with good business practice. If the Client wishes to prohibit such use, the Client must submit an objection to Noli Studios
16. AMENDMENTS TO THE CONTRACTUAL TERMS
16.1. Noli Studios is entitled to amend these Terms and Conditions at any time, provided that such amendments do not worsen the rights of Clients or Guests.
16.2. Noli Studios may also amend the Agreement or these Terms and Conditions for important reasons, namely:
– the need to improve the safety of Clients or Guests,
– a change in the scope of the Services provided by Noli Studios, including their development,
– prevention of fraud or abuse,
– significant increases in the costs of conducting business,
– changes in customer service,
– changes in law directly affecting Noli Studios’ business activity,
– issuance of a decision by a state authority directly affecting Noli Studios’ business activity. 16.3. Noli Studios shall notify the Client of any amendment to these Terms and Conditions no earlier than 30 days before it enters into force. Notice shall be sent to the e-mail address provided by the Client. The notice 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 amendments to the detriment of the Client, the Client shall be entitled to terminate the Agreement with effect from the date the amendment to these Terms and Conditions enters into force.
15. REFERENCJE OD KLIENTÓW BIZNESOWYCH
Noli Studios zastrzega sobie prawo do wskazania Klientów biznesowych korzystających z Usług jako swoich klientów na swojej stronie internetowej i innych materiałach marketingowych, zgodnie z dobrymi praktykami biznesowymi. Jeżeli Klient chce zakazać takiego korzystania, Klient musi złożyć sprzeciw do Noli Studios.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1. The validity and interpretation of this Agreement shall be governed by Polish law.
17.2. 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 21 June 2001 on the Protection of Tenants’ Rights, the Municipal Housing Stock and Amendments to the Civil Code.
17.3. If necessary to ensure the protection required by law of natural persons conducting business activity who enter into the Agreement not directly related to their professional activity, the consumer provisions of these Terms and Conditions shall apply to such persons, but only to the extent necessary.
17.4. Any disputes arising out of or in connection with this Agreement shall be resolved: (i) where the dispute is with a consumer within the meaning of Article 22(1) of the Civil Code – by the court having jurisdiction in accordance with the provisions of the Code of Civil Procedure, and (ii) in all other cases – by the court having jurisdiction for the registered office of Noli Studios. 17.5. The Agreement was drafted in two language version: Polish and English. In case of any discrepancies, the Polish language version shall prevail.