Booking and stay terms and conditions.

General provisions and definitions

1. Information about the entity

Aloha Camp S.A., with its registered office in Warsaw, ul. Puławska 77/U5, 02-595 Warsaw, entered in the register of entrepreneurs of the National Court Register under number 0000922633, NIP 5213940209, REGON 520003125 (hereinafter: “Aloha Camp”) provides services consisting in making Properties available for short-term temporary stays under the trade mark “Nestri”.

Wherever these Terms refer to “Nestri”, this means Aloha Camp S.A. operating under the Nestri brand.

The temporary stay agreement is concluded between the Guest and Aloha Camp S.A. operating under the Nestri brand, regardless of the channel through which the booking was made.

Where a booking is made through a Booking platform, that platform's terms and conditions also apply.

2. Definitions

Guest

a natural person, legal person or organisational unit with legal capacity who concludes a temporary stay agreement with Aloha Camp S.A. operating under the Nestri brand.

Property

accommodation or real estate intended for a short-term stay (in particular a house, cabin, glamping unit, residential unit or apartment) made available to Guests under the Nestri brand.

Booking

the act leading to the conclusion of a temporary stay agreement, covering the choice of Property and dates of stay and the making of payment in line with the offer.

Stay

the period of use of the Property from check-in until check-out.

Advance payment

part of the price for the Stay, payable when the Booking is made.

Deposit

a refundable sum of money collected from the Guest to secure Nestri's claims arising from the Stay agreement, in particular in respect of damage, missing items from the Property's equipment, above-standard cleaning or other amounts due arising in connection with the Stay. The Deposit may be set off in whole or in part against such claims and, where there are none, is refunded after the Stay ends.

Booking platform (OTA)

an external online service enabling a Booking to be made, in particular AlohaCamp, Airbnb, Booking.com and others.

Fee

the total amount due for the Stay at the Property, set out in the offer or the booking form, covering the price for making the Property available for the chosen dates and other services indicated in the offer, including value added tax (VAT), as well as any additional charges selected by the Guest while making the Booking.

3. General provisions

Nestri declares that it is entitled to provide services consisting in the short-term rental of Properties for temporary Guest stays.

1. Offers of available Properties are presented by Nestri through booking platforms or directly at the customer service office.
2. Properties can be booked electronically, by telephone or through the booking form.
3. The Booking is concluded when the Guest completes the booking form (through a booking platform or by sending it by email to hello@nestri.com) and makes the payment in the amount indicated in the Property's offer (an advance payment or the full amount for the stay).

Booking fee

1. The amount of the Fee for a stay at the Property is indicated each time in the booking form or the offer presented on the Nestri website or through the booking platforms Nestri works with.
2. The Fee includes the applicable value added tax (8% VAT) in line with the law.
3. Within the Fee the Guest receives the right to stay at the Property for the number of people specified in the booking form, the right for children up to 2 years old to stay where they sleep with an adult carer and require no additional sleeping equipment, utility consumption during the stay, and the final clean.
4. Where the offer for a given Property allows it, the Guest may use additional paid services, in particular: meals, extra cleaning, an extra change of bed linen and towels, stays with pets, use of parking spaces, hire of a cot and other services indicated in the offer. Details and amounts are set out in the Property's offer.

Booking rules and changes

1. Booking rules, including payment terms, changes to a booking, cancellation (including any free cancellation) and payment deadlines are set each time by the booking platform at the moment the booking is made and are binding on the Guest. Where a booking is made directly with Nestri, the terms indicated in the offer sent to the Guest electronically or published on the Nestri website apply.
2. All changes to a booking made through a platform must comply with the rules in force on that platform or be agreed with Nestri in advance.
3. Where payment is made through a booking platform, Nestri is not liable for delays or technical problems relating to the handling of payments by the platform operator, nor for any currency conversion.
4. The Guest is obliged to provide correct and complete details when making a booking. Nestri is not liable for the consequences of the Guest providing incorrect details on a booking platform.

Rules for using the Property

1. The Guest is obliged to comply with these Terms and with any additional rules applicable at the given Property, communicated electronically before the Stay begins. Where the Terms do not fully set out how the Property or its equipment is to be used, the Guest is obliged to use them in accordance with their nature and intended purpose.
2. Check-in and check-out at the Property are contactless, unless the offer for the given Property states otherwise. The Guest receives instructions electronically covering check-in, check-out and the rules for using the Property. The instructions are sent to the email address given during the Booking.
3. Check-in takes place on the first day of the Stay, during the hours indicated in the offer or communicated by email, unless agreed otherwise.
4. Check-out must take place no later than the time indicated in the offer or communicated by email, unless agreed otherwise. On the day of check-out the Guest is obliged to leave keys, access cards, remote controls or other items handed over in the place indicated in the instructions. Where the above rules are not followed, the Guest may be charged the reasonable costs of changing locks, cutting new keys or other costs incurred by Nestri.
5. The Guest is obliged to take care of the Property and all items and equipment entrusted to them, including exercising due care, for example by closing doors and windows and storing keys, access cards, parking cards and other items handed over properly.
6. Only the number of Guests indicated in the Booking may stay at the Property.
7. Smoking tobacco and other tobacco and tobacco-like products, including e-cigarettes, is completely prohibited at the Property.
8. Shortening the Stay by the Guest for reasons attributable to them does not entitle them to a refund of all or part of the fee paid for the Stay, unless the terms of the offer state otherwise.
9. In the event of a sudden failure, a fortuitous event or another circumstance preventing the Stay from taking place at the booked Property, Nestri may offer the Guest another Property of a similar standard, location and parameters.
10. In the event of force majeure or a failure preventing further use of the Property in line with its intended purpose, Nestri may interrupt the Stay and refund the fee proportionally for the unused part of the Stay.
11. Neither Nestri nor the Property Owner is liable for the loss of, damage to or destruction of personal belongings left at the Property.

Guest liability

1. From check-in the Guest is liable for the condition of the Property, its equipment and furnishings, and for the conduct of everyone staying at the Property during the Stay. The Guest is liable for any damage, destruction, missing items or losses caused by their own fault or by people they allowed to use the Property.
2. The Guest is obliged to report to Nestri without delay any missing items, damage or irregularities noticed in the condition of the Property, where possible immediately after check-in. The report should include photographic or video documentation showing the reported missing items, damage or irregularities, where taking such images is possible. Reporting without delay allows Nestri to take remedial action during the Stay. A failure to report, or the absence of the required photographic or video documentation, may be taken into account when assessing the merits of later claims, in particular where it prevented remedial action during the Stay.
3. Where damage, destruction or a failure occurs during the Stay, the Guest is obliged to inform Nestri without delay by email or telephone and to allow remedial action to be taken. Where this is not reported, the Guest may be charged the costs arising from the damage or missing items.
4. Where a fault arising during the Stay is reported that is not caused by the Guest and does not prevent further use of the Property and continuation of the stay, Nestri will take reasonable steps to remedy it as soon as possible. Nestri does not, however, guarantee that the fault will be remedied during the Stay, in particular where this requires an external service provider, access to spare parts or other external factors.
5. Where the Property's equipment is damaged by people staying there, the Guest is obliged to cover the cost of repairing or replacing the damaged item. Where the nature of the damage requires it, the repair may be carried out without delay, including during the Stay.
6. Nestri has the right to enter the Property during the Stay in justified cases, in particular in the event of a failure, a safety risk, damage, suspected breach of the Terms, or in order to inspect the technical condition of the Property and its equipment and whether the Guest's conduct complies with the agreement. The Guest is obliged to give Nestri access to the Property. Where possible the Guest will be informed in advance and the entry will take place in their presence.
7. Where the Guest fails to report a failure, damage or other sudden event to Nestri, or prevents Nestri from taking remedial or protective action at the Property, the Guest is liable for all consequences of that omission, including the consequences of the damage increasing or further effects of the failure, and may be charged the costs of remedying them.

Consequences of breaching the terms

1. After the Stay ends, Nestri has the right to inspect the technical condition of the Property and its equipment.
2. Where missing items, damage, destruction or losses arising during the Stay are found, the Guest is obliged to cover the costs necessary to restore the Property to its original condition, on the basis of a settlement presented by Nestri. Nestri has the right to set the amount due off against the deposit (if one was collected) and, where there is none or it is insufficient, to call on the Guest to pay the shortfall.
3. A failure to report damage or missing items neither excludes nor limits the Guest's liability for the damage caused.
4. Where keys, access cards, remote controls or other items handed over are lost, the Guest may be charged the cost of replacing them and of changing locks or security systems.
5. Where the Property is left in a condition requiring above-standard cleaning, Nestri has the right to charge the Guest 150 PLN (one hundred and fifty zloty) for each additional hour of the cleaning staff's work.
6. Failing to declare a pet on the booking form, or staying with a pet at a Property that does not allow it, results in the Guest being charged an additional fee of 800 PLN (eight hundred zloty).
7. Breaching the smoking ban at the Property results in the Guest being charged an additional fee of 1000 PLN (one thousand zloty).
8. Where the Police, Municipal Police or other public order services intervene because of the conduct of the Guest or of people staying at the Property, and in the event of justified complaints from neighbours, Nestri has the right to charge the Guest a fee of 500 PLN (five hundred zloty).
9. Where the Property is used after the Stay has ended without Nestri's consent, the Guest is obliged to pay remuneration for use without a contract amounting to twice the applicable nightly rate for each night started.
10. Where more people are staying than declared, or in the event of vandalism or a gross breach of order, Nestri has the right to charge the Guest an additional fee of 500 PLN (five hundred zloty), to terminate the agreement with immediate effect and to demand that the Property be vacated, with no right to a refund of the fee for the unused part of the Stay.

Complaints

1. The Guest has the right to submit a complaint about the Stay not matching the confirmed Booking. Complaints should be sent to: hello@nestri.com.
2. So that the matter can be dealt with efficiently, it is recommended that a complaint be submitted without delay after the irregularity is found, where possible during the Stay or at the latest within 3 days of check-out. The complaint should include photographic or video documentation confirming the reported irregularities, where taking such images was possible. The absence of photographic or video documentation may hinder or prevent verification of the reported circumstances and may be taken into account when assessing the merits of the complaint.
3. Nestri considers a complaint within 14 working days of receiving it. The Guest will be informed of the outcome electronically.
4. Where a complaint is upheld, Nestri may offer a suitable form of compensation, including value and discount vouchers, proportionate to the irregularities found.

Right of withdrawal

1. Under Article 38(1)(12) of the Act of 30 May 2014 on consumer rights, the right of withdrawal does not apply to contracts for the provision of accommodation services where the contract specifies a particular day or period of performance.
2. By making a Booking of a Property for specific dates, the Guest acknowledges that the statutory right of withdrawal referred to above does not apply to them.

Additional information

1. The controller of Guests' personal data is Aloha Camp S.A. Personal data is processed in order to fulfil the booking and perform the Stay agreement, in accordance with the applicable law. Detailed information on the rules for processing personal data is available in the Privacy Policy.