The terms used in these Rules and Regulations shall have the following meanings:
- Property – the property located in Kraków at al. 3 Maja 47b, developed with the 8-storey Nextdoor Kraków building.
- Nextdoor Kraków – the part of the Property designated for collective residential use, located on floors 0 to 6.
- Common Areas – the areas of Nextdoor Kraków designated for common use by persons using the apartments at Nextdoor Kraków (excluding parking spaces).
- Apartment – an apartment at Nextdoor Kraków designated by the Landlord, which the Tenant is entitled to use pursuant to the Lease Agreement, together with the equipment specified in the Room Inventory. The Apartment may be single-occupancy or double-occupancy.
- Security Deposit – funds paid by the Tenant as security for the Landlord’s claims arising in connection with the Lease Agreement, in an amount equal to one month’s Rent, the exact amount and payment method of which are specified in the Lease Agreement and these Rules and Regulations.
- Handover Date – the first day of the Lease Term specified by the Person Making the Reservation (Tenant) when booking the Apartment and accepted by the Landlord during the reservation made in accordance with § 2(1) and (2) of these Rules and Regulations, and subsequently specified in the Lease Agreement.
- Security Deposit – funds paid by the Tenant as security for the Landlord’s claims arising in connection with the Lease Agreement, in an amount equal to one month’s Rent, the exact amount and payment method of which are specified in the Lease Agreement and these Rules and Regulations.
- Administrative Fee – a fee for the Apartment reservation process by the Person Making the Reservation (Tenant) in accordance with § 2(1)–(4) of these Rules and Regulations, in the amount of PLN 260.00 (two hundred and sixty zlotys 00/100), payable each time an Apartment is reserved. The Administrative Fee is non-refundable in the event that the Person Making the Reservation cancels the Apartment reservation.
- Cleaning Fee – a fee for cleaning the Apartment in the amount of PLN 150.00 (one hundred and fifty zlotys 00/100) for cleaning lasting up to 1 hour, and PLN 300.00 (three hundred zlotys 00/100) in the case of cleaning requiring more time and a greater amount of work (subject to the provisions of § 9(1) of these Rules and Regulations), payable each time the Apartment is cleaned at the Tenant’s request during the Lease Term, prior to the commencement of cleaning by the Landlord. The Cleaning Fee shall also be charged for mandatory cleaning of the Apartment resulting from the Tenant’s acts or omissions; however, this fee does not cover the costs of disinfecting the Apartment, repairing damage to the Apartment, or restoring the Apartment to a proper condition enabling its further rental to subsequent tenants.
- Landlord – RESIDE ETUDES POLSKA spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (02-781), at 67/200 Rtm. Witolda Pileckiego Street, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000914902, REGON number: 389752780, NIP number: 7011048296, telephone number: +48 666 618 235, address for service: al. 3 Maja 47b, 30-304 Kraków; e-mail address: reservation@nextdoor-housing.pl.
- Tenant – a person using the Apartment pursuant to the Lease Agreement who is at least 16 years old.
- Person Making the Reservation – a person who is at least 16 years old and who has made a reservation for an Apartment in accordance with § 2(1)–(3) of these Rules and Regulations.
- Lease Term – the period during which the Tenant is entitled to use the Apartment in accordance with the Lease Agreement and these Rules and Regulations, selected by the Person Making the Reservation (Tenant) when making the Apartment reservation in accordance with § 2 (1) – (2) of these Rules and Regulations and subsequently specified in the Lease Agreement, not exceeding twelve (12) months.
- Website – the website available at https://nextdoor-housing.pl/.
- Force Majeure – Force Majeure – means an extraordinary event that is unforeseeable and unavoidable, may occur in the future, and renders a Party unable to duly perform its obligations under the Lease Agreement or the Regulations, provided that such event is: (i) caused by external factors beyond the control of either Party, (ii) unforeseeable at the time of concluding the Lease Agreement, and (iii) unavoidable in its effects, even after taking all reasonable measures to prevent such events; in particular, Force Majeure may include events such as: natural disasters, epidemic conditions, war, or strikes. The Parties shall not consider events resulting from the ongoing COVID-19 epidemic (SARS-CoV-2 virus) to constitute Force Majeure.
- State of Epidemic – the state of the Covid-19 epidemic (SARS-CoV-2 virus) in force in the territory of the Republic of Poland pursuant to a regulation of the Minister of Health or another authority, or on another legal basis, together with its consequences, including prohibitions and orders concerning specific activities introduced pursuant to legal acts issued by public authorities of the European Union or the Republic of Poland, as well as guidelines (e.g. of the relevant Polish ministry) and recommendations introduced by state administration authorities (Chief Sanitary Inspectorate, etc.) or local government authorities..
- Party – as applicable, the Landlord or the Tenant (and, prior to the conclusion of the Lease Agreement, the Person Making the Reservation). It is stipulated that a natural person under the age of 16 may not be a Party to the Lease Agreement as the Tenant. The conclusion of a Lease Agreement with a Tenant who is at least 16 but under 18 years of age requires the consent to or confirmation of the Lease Agreement by their statutory representative in accordance with applicable Polish law and the Landlord’s requirements
- Parties – collectively, the Landlord and the Tenant (User).
- Rules and Regulations – these rules and regulations setting out, among other things, the rules for making reservations for Apartments at Nextdoor Kraków and for using the Apartments and Common Areas at Nextdoor Kraków, which also constitute an integral part of the Lease Agreement entered into by the Landlord and the Tenant.
- Lease Agreement – an agreement for the lease of an Apartment at Nextdoor Kraków entered into by the Landlord and the Tenant, of which these Rules and Regulations constitute an integral part.
- Room Inventory – a list of the equipment provided in the rented Apartment together with a price list, constituting an annex to the Lease Agreement.
- Handover Report – a written handover and acceptance report signed upon the handover and return of the Apartment, constituting an annex to the Lease Agreement.
§ 1. Subject Matter of the Lease Agreement
- The Lease Agreement shall be concluded in writing, at Nextdoor Kraków or at another place agreed upon by the Parties.
- The Apartments at Nextdoor Kraków are either single-occupancy or double-occupancy. In the case of a double-occupancy Apartment, two Tenants are entitled to use it. The description of the Apartment provided on the Website and, following the conclusion of the Lease Agreement, in the Room Inventory also includes other parameters of the Apartment, which are binding upon the Parties. The Tenant selects the type of Apartment when making the reservation in accordance with § 2(1)–(3) of these Rules and Regulations. The Landlord shall not be responsible for selecting the co-tenant entitled to use a double-occupancy Apartment, and therefore the Tenant selects the type of the Apartment at their own risk.
- Depending on the Lease Term selected by the Tenant, the Person Making the Reservation (Tenant) shall be obliged to take possession of the Apartment on the Handover Date, unless the Parties agree otherwise in writing. The handover of the Apartment shall take place on the basis of the Handover Report signed by the Parties on the Handover Date. The signing of the Handover Report by the Parties shall constitute confirmation that the Tenant has taken possession of the leased premises. Upon taking possession of the Apartment, the Tenant shall receive one (1) set of keys. Any loss of keys must be reported to the Landlord immediately. In the event of loss or destruction of:
- a. keys – the Landlord shall charge the Tenant a fee of PLN 200; however, if it is necessary to replace the lock cylinder in the Apartment and make new sets of keys for all users of the relevant lock, the Landlord shall charge the Tenant the full actual costs of replacing the lock cylinder in the Apartment and making new sets of keys for all users of the relevant lock.
- The fees specified in § 1(3)(a) shall be paid by the Tenant to the Landlord upon the Landlord providing the Tenant with a new set of keys. The equipment of the Apartment is specified in the Handover Report and the Room Inventory and corresponds to the standard of the Apartment selected by the Person Making the Reservation (Tenant) when making the reservation in accordance with § 2 (1)–(3) of these Rules and Regulations.
- Upon renting the Apartment under the signed Lease Agreement, the Tenant shall be entitled to :
- a. use the Common Areas jointly with other users, in accordance with the rules and conditions set out in the Lease Agreement and these Rules and Regulations, in particular § 5 of these Rules and Regulations;
- b. use the Internet network in accordance with the rules and conditions set out in the Lease Agreement and these Rules and Regulations, in particular § 6 of these Rules and Regulations
- The type of Apartment shall be allocated by the Landlord during the reservation procedure referred to in § 2(1)–(3) of these Rules and Regulations, while the Apartment number shall be allocated by the Landlord on the Handover Date. The allocation of an Apartment within Nextdoor Kraków during the Lease Term may be subject to change based on a notice given to the Tenant by the Landlord at least 7 days in advance, or at shorter notice in the event of justified circumstances that were not known to the Landlord at the time the Apartment was handed over to the Tenant, including the need to carry out construction, renovation or sanitary works, the occurrence of a failure, the need to carry out disinfection, organisational or safety considerations, or other circumstances concerning the Property, its safety or operation. The standard and equipment of the new Apartment to which the Tenant is relocated shall be no worse than those of the Apartment previously occupied by the Tenant. The Tenant shall comply with the deadline set for changing the rented Apartment at Nextdoor Kraków. A change made pursuant to this paragraph shall not constitute an amendment to the Lease Agreement with respect to the subject matter of the Lease Agreement and shall not entitle the Tenant to terminate the Lease Agreement. If the co-tenant of a double-occupancy Apartment does not intend to rent the Apartment for the subsequent lease term, the Landlord shall be entitled to assign another co-tenant to such Apartment for the subsequent lease term.
- The keys to the relevant Apartment shall be handed over to the Tenant by the Landlord at Nextdoor Kraków after all payments necessary for and related to the conclusion of the Lease Agreement have been credited and after the Handover Report has been signed, during the working hours of the administration office. The handover of the Apartment and issuance of the keys may take place no earlier than 2:00 p.m. on the Handover Date.
- If the Person Making the Reservation (Tenant) fails to take possession of the Apartment on the Handover Date or during the following 3 (three) business days and does not agree with the Landlord on another Handover Date during that period, the Landlord shall have the right, subject to the provisions of paragraph 9 below, to cancel the reservation or terminate the Lease Agreement (if already signed) with immediate effect by sending the Person Making the Reservation (Tenant) information regarding the cancellation of the reservation or termination of the Lease Agreement (if already signed) to the e-mail address of the Person Making the Reservation (Tenant) indicated during the reservation or in the Lease Agreement. In such a case, the Landlord may retain: (i) the equivalent of the deposit paid by the Person Making the Reservation at the time of booking, in the event of cancellation due to the fault the Person Making the Reservation, as a lump-sum compensation for blocking of the Apartment’s availability for rental by the Landlord, or (ii) the equivalent of the Security Deposit paid by the Tenant in connection with the early termination of the Lease Agreement (if already signed) due to the Tenant’s fault, as a lump-sum compensation for blocking of the Apartment’s availability for rental by the Landlord. In the event of cancellation of the reservation or termination of the Lease Agreement (if already signed) as described above, the Administrative Fee shall not be refunded by the Landlord to the Person Making the Reservation (Tenant). The Parties agree that the Landlord’s above right to cancel the reservation or terminate the Lease Agreement (if already signed) shall not apply if the Person Making the Reservation (Tenant) fails to take possession of the Apartment due to:
- (i) circumstances attributable to the Landlord; or
- (ii) refusal to take possession of the Apartment for other reasons relating to significant, objective and serious construction or technical defects of the Apartment that prevent the Person Making the Reservation (Tenant) from using the Apartment for residential purposes; for the avoidance of doubt, the Parties agree that other defects of the Apartment (faults) that do not prevent the Person Making the Reservation (Tenant) from using the Apartment for residential purposes shall not constitute grounds for refusing to take possession of the Apartment by the Person Making the Reservation (Tenant). The assessment of whether a defect prevents the Apartment from being inhabited shall be made exclusively by the Landlord on the basis of the applicable technical and construction regulations. All other faults or aesthetic defects shall be recorded in the Handover Report but shall not constitute grounds for the Person Making the Reservation (Tenant) to refuse to take possession of the Apartment or terminate the Lease Agreement.
- If the Person Making the Reservation (Tenant) fails to take possession of the Apartment on the Handover Date due to a legal prohibition or obligation resulting from the State of Epidemic and preventing the Tenant from travelling (including crossing the borders of the Republic of Poland) for the purpose of taking possession of the Apartment on the Handover Date, the Person Making the Reservation (Tenant) shall have the right, within the following 14 days, to cancel the reservation or terminate the Lease Agreement (if already signed) with immediate effect by submitting an explicit declaration of intent to the Landlord by e-mail and attaching confirmation of the circumstances referred to above that justify the Tenant’s inability to appear at Nextdoor Kraków on the Handover Date.
§ 2. Apartment Reservation
- The Person Making the Reservation shall reserve an Apartment by taking the following steps:
- a) The Person Making the Reservation sends an inquiry to the Landlord regarding the availability of an Apartment for rent via the Website, by e-mail to the Landlord’s e-mail address: reservation@nextdoor-housing.pl, by telephone, or in person at Nextdoor Kraków, specifying: the Lease Term (not shorter than 3 months and not longer than [•] months), the type of Apartment (single-occupancy or double-occupancy (twin – with two single beds / double – with one double bed)), as well as the Handover Date,
- b) The Person Making the Reservation provides their personal data necessary to make the Apartment reservation and subsequently to conclude the Lease Agreement,
- c) no later than within two (2) business days from the date on which the Person Making the Reservation sends or submits the reservation inquiry, the Person Making the Reservation shall receive information from the Landlord regarding the availability or unavailability of the Apartment for rent. If the Apartment is available for rent, the Landlord shall provide the Person Making the Reservation with the Landlord’s bank account number for payment of the Administrative Fee and a deposit in the amount of one month’s Rent, which shall be paid by the Person Making the Reservation within 2 (two) business days from the date on which the Landlord sends the information regarding the availability of the Apartment,
- d) confirmation of the Apartment reservation for the Person Making the Reservation shall be sent by the Landlord within two (2) business days from the date on which the Person Making the Reservation pays the Administrative Fee and the deposit within the deadline specified in § 2(1)(c) of these Rules and Regulations.
- The Administrative Fee constitutes remuneration for the Landlord for performing activities related to handling the reservation process and preparing for the conclusion of the Lease Agreement, in particular verifying the Person Making the Reservation’s data, preparing documentation, reserving the Apartment in the Landlord’s system, and performing organisational activities connected therewith. Upon completion of these activities, the Administrative Fee becomes due and non-refundable to the Tenant, except where the Lease Agreement is not concluded solely for reasons attributable to the Landlord.
- The condition for the Landlord to make an Apartment reservation for the Tenant is the payment by the Person Making the Reservation of the Administrative Fee and the deposit within the deadline referred to in § 2(1)(c) of these Rules and Regulations. If the Person Making the Reservation fails to pay the Administrative Fee and the deposit within the deadline referred to in § 2(1)(c) of these Rules and Regulations, the Apartment reservation shall not be made and the Landlord may offer the Apartment to another tenant.
- The Person Making the Reservation shall be entitled to cancel the Apartment reservation before the Lease Agreement is concluded, in writing (including by e-mail), in which case:
- a) the Administrative Fee shall not be refunded by the Landlord to the Person Making the Reservation,
- b) if the Person Making the Reservation cancels the reservation more than 15 days before the Handover Date, the deposit paid by the Person Making the Reservation shall be refunded by the Landlord in the amount of 50% of the deposit amount paid, while the remaining 50% of the amount paid shall be retained by the Landlord as lump-sum compensation for blocking the availability of the Apartment for rental by the Landlord,
- c) if the Person Making the Reservation cancels the reservation within 15 days before the Handover Date, on the Handover Date or after Handover Date, the Landlord shall retain the entire deposit paid by the Person Making the Reservation as lump-sum compensation for blocking the availability of the Apartment for rental by the Landlord and shall not be obliged to refund the deposit to the Person Making the Reservation.
- The deposit paid by the Person Making the Reservation in connection with the Apartment reservation shall be credited by the Landlord towards the Security Deposit upon conclusion of the Lease Agreement by the Landlord and the Tenant.
- The Landlord reserves the right to refuse to make an Apartment reservation or to conclude a Lease Agreement if, during the term of any previous Lease Agreement between the Parties, any circumstance occurred that constitutes grounds for termination of the Lease Agreement without notice, as specified in the Lease Agreement or these Rules and Regulations. The Landlord shall inform the Person Making the Reservation of exercising the right to refuse by e-mail.
§ 3. Rights and Obligations of the Tenant
- The Tenant shall be entitled to:
- a. use the Apartment and the Common Areas in accordance with the rules set out in the Lease Agreement and these Rules and Regulations,
- b. receive guests in the Apartment only in the Tenant’s presence and in accordance with the rules set out in these Rules and Regulations (in particular § 5(1) – (5)), provided that the co-tenant of a double-occupancy Apartment does not object, whereby the Tenant shall be responsible for any damage caused by the Tenant’s guests in the Apartment as for their own actions,
- c. make changes to the décor and furnishings of the Apartment only with the Landlord’s prior written consent.
- The Tenant shall be obliged to:
- a. comply with the provisions of these Rules and Regulations,
- b. keep the Apartment and the Common Areas clean and take care of their equipment, including, in particular, ensuring that the wear and tear of the Apartment or the Common Areas used by the Tenant does not exceed ordinary and normal wear and tear resulting from proper use thereof,
- c. use Nextdoor Kraków with due respect for other Tenants and persons using the Property,
- d. immediately inform the Landlord of any noticed failures, damage or cases of violation of these Rules and Regulations by other Tenants or third parties, failing which the Tenant shall be liable for the consequences of failing to provide such information,
- e. ensure that their contact details remain up to date and regularly use the e-mail address provided when making the Apartment reservation and concluding the Lease Agreement, through which the Tenant is notified of matters relating to the Apartment reservation, the Lease Agreement and its performance, organisational matters, events at Nextdoor Kraków, the payment and Rent accounting history, etc.,
- f. cover the full costs of removing by the Landlord any material damage identified by the Landlord in the Apartment or the Common Areas, including damage to equipment, caused by the Tenant or the Tenant’s guests or with their involvement, and occurring during the Lease Term or after its expiry if the Tenant fails to vacate and return the Apartment despite the end of the Lease Term.
The Tenant shall cover the full costs of removing such damage and carrying out the related repairs in order to restore the Apartment to a condition consistent with the Room Inventory and the photographs taken before the Apartment was handed over to the Tenant, as well as to restore the Common Areas to their proper condition. The Tenant shall cover the full costs of repairing damage to the Apartment and the Common Areas, including where the nature of the damage is not covered by the price list included in the Room Inventory or where the market prices indicated in the Room Inventory have changed. The Landlord shall have the exclusive right to commission professional removal of any damage to the Apartment and the Common Areas caused by the Tenant or the Tenant’s guests. The Tenant shall not be entitled to repair any damage themselves without the Landlord’s prior written consent. The Tenant shall cover the full costs of restoring the Apartment or the Common Areas to the condition specified in the Room Inventory or the condition existing prior to the occurrence of the damage to the Common Areas (including the costs of materials and labour of professional contractors), based on invoices presented by the Landlord. The Landlord shall have the right to deduct such costs from the Security Deposit. In the case of a double-occupancy Apartment, each co-tenant shall be liable for any damage caused to the Apartment, as well as for any deterioration of the Apartment exceeding normal wear and tear resulting from proper use of the Apartment.
3. No later than 11:00 a.m. on the date of expiry of the Lease Agreement, the Tenant shall remove all items brought into the Apartment or the Common Areas and return the Apartment in a condition that has not deteriorated beyond normal wear and tear resulting from proper use of the Apartment. This provision shall apply accordingly in the event of the Tenant’s relocation in accordance with the provisions of § 1(6) of these Rules and Regulations.
§ 4. Rights and Obligations of the Landlord
The Landlord shall be obliged to:
- a. hand over the Apartment to the Tenant on the agreed date by the Parties,
- b. ensure that the Tenant has the possibility to use (jointly use) the Apartment and the Common Areas, including maintaining them in proper technical condition and carrying out necessary repairs, technical inspections and servicing in accordance with applicable Polish law,
- c. ensure periodic cleaning of the Common Areas,
- d. carry out all necessary repairs and maintain Nextdoor Kraków in proper condition.
2. The Landlord shall be entitled, in particular, to:
- a. organise cultural and educational activities, exhibitions or promotional activities at Nextdoor Kraków without obtaining the consent of the Tenants in this regard,
- b. appoint a Property Manager, which may be publicly announced by posting an appropriate notice at the reception of Nextdoor Kraków,
- c. install a video surveillance system in areas such as the entrance to Nextdoor Kraków, corridors, Common Areas, staircases and the parking area for preventive purposes and to increase security on the Property,
- d. enter the Apartment in cases of emergency, including, in particular, where there is a risk of damage, flooding, destruction or fire, or where there is a reasonable suspicion that a person requiring assistance is present in the Apartment,
- e. enter the Apartment for the purpose of carrying out necessary repairs, maintenance, sanitary procedures and inspections required by applicable law, or in order to verify the technical or occupancy status of the Apartment, where this is necessary or appropriate to ensure the proper functioning of the Property, upon prior notice to the Tenant, where possible, at least one day in advance (by e-mail to the address provided by the Tenant), of the date of the planned activity. If the Tenant fails to appear at the designated time, the Landlord shall be fully entitled to enter the Apartment in the presence of witnesses using the spare key, including in the Tenant’s absence
§ 5. Rules for the Use of the Apartment and Common Areas
- Quiet hours at Nextdoor Kraków are from 10:00 p.m. to 7:00 a.m. the following day.
- Tenants may receive guests only between 7:00 a.m. and 11:00 p.m. If the Apartment is double-occupancy, guests may visit provided that the co-tenant of the Apartment does not object. Any such objection should be submitted in writing to the staff at the reception of Nextdoor Kraków.
- An overnight stay by a Tenant’s guest (including staying from 11:00 p.m. on a given day) is permitted provided that the guest is registered in advance at the reception of Nextdoor Kraków and a fee of PLN 150 per night is paid, but no more than 5 times per month, provided that the co-tenant of the Apartment does not object. Outside the hours specified in paragraph 2 of this section, only Tenants and guests who have received the Landlord’s written consent at the Tenant’s request are entitled to enter Nextdoor Kraków. A stay exceeding 5 days per month is possible upon prior written agreement with the Property Manager of Nextdoor Kraków, provided that such agreement is obtained at least 7 days before the date of the Tenant’s guest’s visit, and applies only to single-occupancy Apartments. In order to ensure the comfort of co-tenants, such consent may be granted only in exceptional cases in double-occupancy Apartments.
- A guest visiting a Tenant shall be required to provide the Landlord or a person authorised by the Landlord with their personal details, i.e. first name, surname and residential address, and to present an identity document. Providing such data is voluntary; however, it is necessary to enter Nextdoor Kraków. Persons providing the above-mentioned data shall have the right to access and correct their data. Personal data shall be destroyed after the expiry of the limitation period for any potential claims of the Landlord against the Tenant’s guest.
- The Landlord reserves the right to remove the restriction on or temporarily suspend visits by Tenants’ guests at Nextdoor Kraków, in particular where such guests, through their behaviour, interfere with the use of the Apartments or Common Areas by other Tenants or Nextdoor Kraków employees, including, in particular, where they fail to comply with the rules set out in these Rules and Regulations and in the cases referred to in § 8(4) of these Rules and Regulations.
- The windows in the Apartment can be fully opened. The Tenant has been informed of this by the Landlord and acknowledges and understands the need to observe safety rules when using and opening the windows, as well as when leaving them properly secured (including closed), and the risks arising from failure to comply with the above.
- The Tenant shall be obliged to use the Common Areas in accordance with the rules and guidelines introduced by the Landlord (in particular, those posted in the relevant Common Area), including maintaining order and cleanliness and complying with sanitary requirements in the Common Areas.
- Activities of student groups or organisations are permitted in the Common Areas, subject to prior agreement with the Landlord.
- 9. The Landlord shall be entitled to introduce changes to the rules governing the use of the Common Areas by Tenants by imposing restrictions on the number of Tenants simultaneously present in the Common Areas, requiring an appropriate distance to be maintained between persons jointly using the Common Areas, or introducing other restrictions imposed on the Landlord pursuant to judgments, legal provisions, decisions, recommendations or guidelines issued by relevant state or local government authorities.
- Every person present at Nextdoor Kraków shall be obliged to comply with these Rules and Regulations and applicable laws, including, in particular, fire safety regulations, which are publicly available on the Property.
- If improper use of the Apartment or the Common Areas by the Tenant results in the attendance of emergency services (an intervention patrol, fire brigade, police, ambulance service, electrical emergency service, gas emergency service, etc.), the Tenant shall cover the costs associated with remedying the disturbance or failure and the attendance of the relevant services, including where such incident was caused by the Tenant’s guest.
- In the event of violations referred to in paragraphs 1–11 and paragraph 13 of this section, the Landlord shall be entitled to charge a contractual penalty of PLN 300 for each established violation, and in the event of an unjustified activation of the fire alarm (including as a result of smoking cigarettes or e-cigarettes or using prohibited devices), a contractual penalty of PLN 1,000 shall apply.
In the event of violations referred to in paragraphs 1–11 and paragraph 13 of this section, the Landlord reserves the right to impose the contractual penalty on the Tenant immediately. However, the Landlord may, at its discretion, refrain from doing so and make the imposition of the contractual penalty conditional upon granting the Tenant an additional period, appropriate to the nature of the violation, to cease the violation. The Landlord shall specify such period in an e-mail sent to the Tenant, and the penalty may be imposed if the period expires without the violation being remedied. In the event of repeated violations of the same type, the Landlord shall impose the contractual penalties on the Tenant immediately. - The following activities are prohibited on the Property, including at Nextdoor Kraków:
- a. conducting any business activity, including, in particular, commercial, manufacturing (including the production of alcohol) or catering activities,
- b. consuming alcohol in the Common Areas,
- c. consuming, producing or otherwise using substances the possession of which is prohibited under mandatory Polish and European laws,
- d. storing flammable objects (substances) (except for cosmetics or other similar items), toxic substances, or items that may pose a danger to people, animals or property,
- e. keeping animals,
- f. making any structural, technical or installation modifications,
- g. using cookers or stoves, regardless of their power source or fuel, outside the areas designated for this purpose by the Landlord,
- h. using devices that may cause damage to installations, in particular due to their power consumption,
- i. behaving in a manner that may disturb the living, studying or resting of other persons using Nextdoor Kraków, including, in particular, using audio equipment at an excessive volume,
- j. smoking tobacco outside designated areas, including using electronic cigarettes, which activate the fire alarm in the Apartment or Common Areas,
- k. bringing in items that may interfere with the shared use of the Apartment (other apartments) or Common Areas,
- l. engaging in any activity contrary to mandatory Polish and European laws,
- m. displaying posters or notices outside areas expressly designated for this purpose by the Landlord,
- n. obstructing evacuation routes (corridors and staircases serving as evacuation routes) with any items or storing flammable materials or similar items on such routes,
subject to the obligation to pay a contractual penalty in the amount specified in sec. 2 above (depending on the type of breach) for each confirmed instance of breach.
§ 6. Rules for the Use of the Internet Network
- The Landlord shall provide each Tenant who has a suitable device, in accordance with the Landlord’s separate instructions, with access to the Internet network through the infrastructure at Nextdoor Kraków.
- The network speed and other technical conditions depend on the network infrastructure at Nextdoor Kraków and the number of users.
- Access to the network shall be provided by giving the Tenant a login and password.
- The Tenant shall not use the network for activities that are unlawful, contrary to good morals, or pose a threat to network security, and in particular shall not:
- a. use the network for unlawful activities, including transmitting, making available or using content or materials that infringe the rights of third parties, in particular those protected by intellectual property rights and not belonging to the Tenant,
- b. transmit or make available content that may infringe personal rights,
- c. use the Internet network for mass distribution of unsolicited advertising content,
- d. distribute computer viruses or other programs that may damage Internet users’ devices,
- e. use P2P applications,
- f. provide third parties with data enabling access to the network,
- g. conduct commercial activities using the Internet network,
- h. undertake any other activities that may be considered potentially dangerous to the operation of the Internet network, including, in particular, attempting to gain access to any network resources to which the Tenant is not authorised to access, attempting to circumvent security measures used for wireless access, running service servers on devices connected to the Internet network, carrying out any attacks or hacking activities, etc.
- The Tenant shall be obliged to:
- a. properly secure their devices against unauthorised external access,
- b. comply with the Landlord’s instructions regarding the proper operation of the Internet network on the Property,
- c. report any irregularities noticed in connection with the operation of the Internet network on the Property.
- In the event of failure to comply with the provisions of § 6(4) or (5) of these Rules and Regulations, the Tenant may be temporarily or permanently disconnected by the Landlord from access to the Internet network.
§ 7. Payment Terms, Including Rent
- The Tenant undertakes to pay the Rent to the Landlord in accordance with the concluded Lease Agreement.
- If, due to the expiry date of the Lease Agreement, the Lease Agreement does not cover a full calendar month, the Rent shall be charged proportionally to the number of days for which the Lease Agreement is in force in the relevant calendar month. If, in accordance with the Lease Term, the expiry date of the Lease Agreement falls on a day other than the last day of the calendar month, the Tenant shall be obliged to pay Rent for that month in an amount proportional to the number of days, as specified in the preceding sentence, whereby such prorated Rent shall be payable:
- a. by the 5th day of the month preceding the month for which the prorated Rent is due, or
- b. on another date designated by the Landlord, whereby the Landlord shall be entitled, at any time during the Lease Term, to indicate to the Tenant which method of settlement of the final Rent the Landlord has selected. The Landlord shall inform the Tenant of the selected method via the Tenant’s e-mail address provided when concluding the Lease Agreement or in writing.
- If it is necessary to refund funds for a transaction made by the Tenant (Person Making the Reservation) using a payment card, the Landlord shall refund the funds to the bank account linked to the payment card used by the Tenant (Person Making the Reservation), unless the Tenant (Person Making the Reservation) indicates another bank account belonging to them. The refund shall be made in the currency in which the Landlord’s bank account was credited.
- In the case of payment by payment card, the processing period shall be calculated from the moment the transaction is successfully authorised. Available payment methods: payment cards (Visa, MasterCard) and bank transfers.
- In the event of the Tenant’s delay in making any payments to the Landlord under or in connection with the Lease Agreement or these Rules and Regulations, including payment of the Rent, Cleaning Fee, Security Deposit or replenishment thereof, payments related to the repair of damage by the Tenant, or any other amounts due under the Lease Agreement or these Rules and Regulations, the Landlord shall be entitled to charge statutory interest (subject to the application of maximum interest rates in the cases specified in the Lease Agreement) for late payment in accordance with the Polish Civil Code for each day of delay, without the need to issue separate payment demands to the Tenant.
§ 8. Amendments to the Rules and Regulations
- The Landlord may amend the provisions of these Rules and Regulations only for a valid reason, including, in particular:
- a. organisational changes (provided that such changes do not result in an increase in the Tenant’s obligations),
- b. technical possibilities and considerations, including those related to ensuring safety on the Property, or
- c. c. changes resulting from mandatory provisions of Polish or European law, a court judgment or a decision of an authority, to the extent that such reason affects the terms and conditions of services provided by the Landlord as specified in these Rules and Regulations or the provisions of these Rules and Regulations, by posting the amended Rules and Regulations at Nextdoor Kraków and informing the Tenant of the changes by e-mail.
- Subject to the provisions below, the new Rules and Regulations shall enter into force 14 days after being posted at Nextdoor Kraków and the Tenant has been informed of the changes by e-mail.
- If the Tenant does not agree to an amendment to these Rules and Regulations, the Tenant may, within 7 days from the date of notification of the amendment, terminate the Lease Agreement with one month’s notice, effective as of the end of a calendar month. Until the end of the notice period, the version of the Rules and Regulations in force prior to such amendment shall apply to the Lease Agreement.
- The Tenant acknowledges that, in the event of a State of Epidemic or another epidemic occurring in the territory of the Republic of Poland, the Landlord may introduce restrictions on the access of the Tenant’s guests to Nextdoor Kraków, as well as restrictions on the use of the Common Areas, including introducing new sanitary requirements applicable to the Common Areas in accordance with applicable Polish law or guidelines or recommendations issued by state or local government authorities.
- Neither Party to the Lease Agreement shall be liable for failure to perform or improper performance of its contractual obligations in the event of Force Majeure. If the performance of obligations arising from the Lease Agreement or these Rules and Regulations becomes impossible as a result of Force Majeure, the Party invoking Force Majeure shall immediately notify the other Party of its occurrence, describe the event and indicate the circumstances demonstrating the occurrence of Force Majeure and, where the occurrence of Force Majeure is not generally known, provide evidence confirming its occurrence, as well as indicate the impossibility of performing the Lease Agreement or these Rules and Regulations and the extent to which such performance is affected as a result of Force Majeure. If such an event constituting Force Majeure prevents a given Party from performing specific obligations, then—unless the Parties agree otherwise in writing following receipt of notification from the Party invoking Force Majeure — each Party shall continue to use its best efforts to fulfill its obligations under the Lease Agreement as soon as possible.
§ 9. Expiry of the Lease Agreement
- If the Tenant returns the Apartment in an improper sanitary condition, unclean or neglected, or with the Tenant’s belongings, including personal belongings, left inside, the Landlord shall be entitled to charge the Tenant the actual costs of removing, transporting and storing the Tenant’s belongings, including personal belongings, as well as the costs of restoring the Apartment to an appropriate state of cleanliness, sanitary condition, in excess of the Cleaning Fee provided for in these Rules and Regulations, provided that such costs shall reflect the market rates applicable to a professional entity such as the Landlord.
- Without prejudice to paragraph 1 above, if the Apartment and keys are not returned in accordance with the handover protocol for reasons attributable to the Tenant, the Landlord shall be entitled to retain the Security Deposit as security and set it off against the Security Deposit any amounts due to the Landlord from the Tenant under these Rules and Regulations or the Lease Agreement. For the purposes of this provision, reasons attributable to the Tenant shall include, in particular, the Tenant’s failure to appear on the date scheduled for the return of the Apartment, failure to complete the formal handover of the Apartment, or vacating the Apartment without returning it.
- In the event of termination of the Lease Agreement by the Landlord without notice in accordance with the Lease Agreement or paragraph 4 of this section, the Landlord is entitled to deduct from the Security Deposit any outstanding Rent or other fees or amounts owed by the Tenant to the Landlord under the Lease Agreement or the Rules and Regulations
- In the event of:
- a. expiry of the Lease Agreement for any reason,
- b. the Tenant moving out of the Apartment before the expiry of the Lease Agreement, regardless of whether the Apartment has been formally returned in accordance with the handover protocol,
- c. the Tenant returning the Apartment pursuant to the Protocol after the expiry of the Lease Agreement, if the Apartment is not returned or vacated in accordance with the Tenant’s obligations upon the return of the Apartment on the last day of the Lease Agreement and the Tenant leaves any belongings in the Apartment, the Landlord shall be entitled to secure such belongings, remove them from the Apartment and place them in a location and in a manner selected by the Landlord, in particular in a storage facility. If the Landlord exercises the above right, the Landlord shall immediately notify the Tenant by e-mail sent to the last e-mail address known to the Landlord, indicating the place where the Tenant’s belongings have been stored, and shall request the Tenant to collect them, setting a period of 7 days for this purpose. After expiry of the above period, the belongings left behind shall be deemed to have been abandoned by the Tenant with the intention of relinquishing ownership thereof, and the Landlord shall be entitled to dispose of them without liability for any resulting damage to the Tenant’s property, unless otherwise provided by mandatory provisions of law or the Tenant informs the Landlord by e-mail that the Tenant will collect the belongings no later than 7 days from the date on which the Landlord informed the Tenant that the belongings had been transferred to storage, and pays the Landlord, prior to collecting the belongings, the costs of transporting and storing them. If, however, the Tenant does not collect the belongings and does not communicate with the Landlord in this regard, the generally applicable provisions of law concerning found property shall apply accordingly. All costs of securing, transporting and storing the belongings shall be borne by the Tenant, who shall be obliged to reimburse the Landlord for such costs. If the Tenant fails to reimburse such costs, the Landlord may set them off against the Security Deposit, provided that the Landlord is still holding the Security Deposit.
§ 10. Visa Information Obligation
- A Tenant (foreigner) who, prior to travelling to Poland, is required to obtain a visa authorising them to enter and stay in the territory of Poland shall inform the Landlord of whether the visa has been granted or refused without undue delay, but no later than 30 days before the planned date of handover of the Apartment to the Tenant, by e-mail at: reservation@nextdoor-housing.pl. The Tenant shall also provide such information to the Landlord upon the Landlord’s written request
- If, 30 days before the planned date of handover of the Apartment to the Tenant, the Tenant does not hold a valid visa and fails to present it upon the Landlord’s request, the Landlord shall be entitled to cancel the reservation early with immediate effect by sending the Tenant information about the cancellation of the reservation to the e-mail address provided by the Tenant during the reservation process.
§ 11. Final Provisions
- The current version of these Rules and Regulations is available at any time at www.nextdoor-housing.pl and may be preserved by the Tenant at any time by printing it, saving it on an appropriate storage medium, or downloading it from the Service website. The Rules and Regulations are also available for inspection at the reception desk of Nextdoor Kraków.
- These Rules and Regulations have been executed in two identical counterparts, in Polish and English language versions, one for each Party. In the event of any discrepancies between the Polish and English language versions of these Rules and Regulations, the Polish language version of these Rules and Regulations shall prevail.
