TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

WITHIN THE PORTAL https://najem-okazjonalny.online

§ 1. Preliminary provisions

These Terms regulate the provision of services by electronic means, via the portal https://najem-okazjonalny.online, by Okazjonajm spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office at Miejscowosci Runowo 7 apt. 3 (Gmina Wągrowiec), entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, under KRS no.: 0001126369, NIP: 7662012827, REGON: 529616415, e-mail: najem.okazjonalny.online@gmail.com, tel. +48 537 038 981.

The services provided under these Terms consist in making a substitute dwelling available to Tenants in the event of eviction, by issuing statements expressing consent for the Tenant to reside in the dwelling, intended as an attachment to the occasional lease agreement concluded by the Tenant.

By using the services provided under these Terms, the Client confirms the provisions of the Terms and the Privacy Policy.

§ 2. Definitions

Whenever the following terms are used in these Terms, they shall be understood as follows:

Company

the entity providing the Service, i.e. Okazjonajm spółka z ograniczoną odpowiedzialnością with its registered office at Miejscowosci Runowo 7 apt. 3 (Gmina Wągrowiec), entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, under KRS no.: 0001126369, NIP: 7662012827, REGON: 529616415, e-mail: najem.okazjonalny.online@gmail.com, tel. +48 579 391 318.

Service

making a substitute dwelling available to the Tenant in the event of eviction, by issuing a Statement on a substitute dwelling.

Statement on a substitute dwelling

a statement expressing consent for the Tenant to reside in the dwelling, intended as an attachment to the occasional lease agreement concluded by the Tenant.

Portal

the website https://najem-okazjonalny.online, through which the Service is provided.

Contract

a contract for the provision of the Service by electronic means, concluded between the Company and the Client at the time the Service is ordered.

Client

any natural person, legal person or organizational unit without legal personality that is granted legal capacity by statute, using the Portal, including the Consumer.

Consumer

a natural person using the Portal without connection to that person’s business or professional activity, as well as a natural person using the Portal in connection with their business or professional activity, if the use of the Portal does not have a professional character for that person.

Tenant

a party to an occasional lease agreement.

§ 3. Conditions of use of the Service

To use the Service, the Client must meet the following minimum technical requirements:

• access to the Internet,
• an internet browser:
  • Chrome
  • Firefox
  • Safari
  • Edge
  • Internet Explorer
• having an active e-mail address or an active telephone number.

The Client is not required to set up a user account to use the Service. The Company does not provide an option to set up such accounts.

§ 4. Statement on a substitute dwelling

The Company provides two types of Statements on a substitute dwelling:

1. in ordinary written form, with a handwritten signature,
2. in written form with a notarized signature.

The Company does not issue Statements on a substitute dwelling in its own name, but intermediates in the submission of such Statements by other persons. Statements on a substitute dwelling issued to Clients are signed by a natural person — the owner of the dwelling made available — or by that person’s attorney.

A Statement on a substitute dwelling is valid for a period of 6 months from the date of its issuance.

By concluding the Contract, the Company guarantees that the substitute dwelling constituting the subject of the Service, in the event of eviction, will be available to the Tenant during the validity period of the Statement on a substitute dwelling referred to in para. 3 above.

§ 5. Conclusion of the Contract

To use the Service, it is necessary to place an order by correctly completing the form on the Portal’s website. The form requires:

• the type of Statement on a substitute dwelling ordered (in ordinary written form or in written form with a notarized signature),
• the address of the dwelling to which the occasional lease agreement relates,
• the first name, last name and PESEL number or foreign passport number of all Tenants,
• the Client’s first name, last name, telephone number and e-mail address,
• the address and number of the InPost parcel locker for sending the Statement on a substitute dwelling, or information on personal collection of the Statement on a substitute dwelling,
• a statement of acceptance of the Terms and the Privacy Policy,
• a request to commence performance of the Service before the time limit for withdrawal from the Contract expires.

The Client may not transmit content of an unlawful nature in the form, including any malicious software.

The Company is not liable for the truthfulness and correctness of the data provided by the Client in the form. In particular, the Company does not refund the remuneration for performance of the Service on the grounds that the Statement on a substitute dwelling contains incorrect data, if such data are consistent with the data provided by the Client in the form.

Orders may be placed at any time; however, the Company will process them only on business days.

The contract for the provision of the service by electronic means is concluded at the moment the Client sends the completed order form. Upon conclusion of the Contract, the Client is obliged to pay the Company’s remuneration.

§ 6. Payments

The amount of the Company’s remuneration for the performance of the Service is visible on the Portal’s website. VAT will not be added to this remuneration.

The Company’s remuneration includes the cost of sending the Statement on a substitute dwelling to the Client.

Payment for the Service is made exclusively via the Przelewy24 payment gateway.

Payment is required prior to performance of the Service and is a condition for its performance.

An invoice for the performance of the Service is delivered after the Service has been performed, via e-mail.

§ 7. Issuance of the Statement on a substitute dwelling

The Statement on a substitute dwelling will be prepared and sent to the Client (unless the Client chooses the personal collection option) within two business days from the date of payment of the Company’s remuneration.

The Statement on a substitute dwelling may be sent to the InPost parcel locker indicated by the Client or collected in person by the Client at a notary’s office in Poznań.

In the case of placing an order with personal collection, immediately after the Statement on a substitute dwelling is prepared, the Client will be informed that the statement has been prepared and of the possibility to collect it at the notary’s office, together with the exact address and the telephone number of that office.

§ 8. Complaints

The Company is liable for the Service’s conformity with the Contract.

In the event of defects in the Statement on a substitute dwelling (other than defects caused by the Client providing incorrect data in the order form) or other reservations regarding the Services provided, the Client has the right to lodge a complaint.

A complaint may be submitted electronically to the Company’s e-mail address and in paper form to the Company’s registered office address.

It is recommended that the complaint include:

• the Client’s identification data,
• the date the order was placed,
• a description of reservations concerning the services provided,
• the demand being made.

The Company will respond to the complaint within 14 days of its receipt. The response to the complaint will be sent to the correspondence address or e-mail address indicated by the Client.

If the data provided in the complaint are incomplete, before considering the complaint the Company will request that they be supplemented. In such a case, the complaint will be considered within 14 days from the date the data are supplemented.

The Client may use out-of-court methods of complaint handling and redress, including mediation.

§ 9. Withdrawal from the contract

Pursuant to Article 27(1) of the Act on Consumer Rights, any Client who is a Consumer has the right to withdraw from the Contract within 14 days from performance of the Service, without giving any reason. A statement of withdrawal from the Contract should be submitted to the Company by telephone, by e-mail or in writing; the template withdrawal form attached to the Terms may be used. In the event of withdrawal from the Contract, the Contract shall be deemed not concluded.

The right to withdraw from the Contract does not apply after full performance of the Service, i.e. after the Statement on a substitute dwelling has been sent to the Client or made available for the Client’s personal collection — which the Client acknowledges.

In the event of withdrawal from the Contract after partial performance of the Service, i.e. after the Statement on a substitute dwelling has been prepared but before it has been sent to the Client, the Client remains obliged to pay remuneration for the part of the Service performed, and the Company shall refund to the Client only the cost of sending the Statement on a substitute dwelling.

§ 10. Personal data

The Company is the controller of the personal data provided in the order form and in the course of providing the Service. Detailed information on the processing of such data can be found in the Privacy Policy available on the website: https://najem-okazjonalny.online

§ 11. Final provisions

The governing law for the Contracts is Polish law. Any disputes arising therefrom that are not resolved amicably shall be submitted for resolution to the common court having jurisdiction over the Service Provider’s registered office.

The Company reserves the right to amend the Terms by publishing a new version in the same place. The amended Terms will apply to Contracts concluded after the amendment.

These Terms are effective as of 01.10.2024.

All archived versions of the Terms are available for download in .pdf format — links are provided below the Terms.