Commercial Terms for Property Hosts

A User who is interested in obtaining the status of a Host (hereinafter: 'Host' or 'Property Host') is obliged to accept these commercial terms (hereinafter: 'Commercial Terms') and obtain confirmation of being granted Host status by Cabinest.

Only a person with an active user account on the Cabinest Platform may be a Host. Deletion of the user account by the Host automatically results in the loss of the ability to present the Property as a potential subject of a reservation.

Obtaining and maintaining Host status is associated with an annual fixed fee (described in Appendix No. 1 at the end of these Commercial Terms), unless the Host is subject to a promotion that exempts them from this fee or otherwise specifies its payment.

In the event of leading to a Reservation of a Property belonging to the Host, Cabinest is entitled to remuneration for this, in accordance with the fee schedule, which constitutes Appendix No. 1 to the Commercial Terms.

For the purposes of the Commercial Terms, Cabinest and the Host may be collectively referred to as the 'Parties', and each entity individually as a 'Party'.

The Host shall use the Cabinest Platform exclusively in a manner consistent with the law, good practices, and in accordance with the Terms of Service, Commercial Terms, and any other documents specifying the wording of the agreement between Cabinest and the Host.

The Host is obliged to refrain from any actions that could negatively affect the functioning of the Cabinest Platform, as well as the manner of presenting the Property in relation to other properties offered by other Hosts, including commenting or comparing.

The Host is obliged to keep the information about the Properties they manage on the Cabinest Platform up-to-date, e.g., by entering data on periods of unavailability, renovation, or other circumstances on which the possibility of using the Property as a reservation subject depends.

The Host declares that they have correctly entered their personal data, including in particular data concerning any business activity they conduct or the Party they represent, and its status as a VAT taxpayer. The Host is obliged to demonstrate their authorization (e.g., resulting from the National Court Register (KRS) or a power of attorney) to act on behalf of the entity they represent.

The Host confirms that the information they will enter on the Cabinest Platform will be accurate, current, and complete throughout the term of the Commercial Terms, and therefore, if any change occurs, it will be entered into the Cabinest Platform no later than the next business day after the event that caused the change.

Cabinest declares that it performs the agreement with respect to the Property solely based on the information provided by the Host, hence the Host declares that they waive all claims against Cabinest that are a consequence of the lack of timeliness or completeness of the data about the Property that they have entered.

The Host guarantees that they have the right to manage the Property and to provide the services indicated on the Cabinest Platform using it, and upon Cabinest's request, will promptly provide confirmation of this right (e.g., an extract from the land and mortgage register for the Property). The Host also confirms that there are no legal or factual obstacles to the Property being used for the provision of the services indicated on the Cabinest Platform.

The Host guarantees to Cabinest that there are no restrictions or sanctions applicable to them that would prevent them from providing services via the Property, as well as settling accounts with Cabinest.

The Host undertakes, upon each request from Cabinest, to provide all necessary documents confirming their identity or right of representation, as well as data regarding the bank account or other payment method used by the Host for settlements with Cabinest. In the case of Hosts having their place of residence or registered office outside the territory of the Republic of Poland, the Host undertakes to provide Cabinest with current tax residence certificates at their own expense.

Cabinest will make payments and settlements with the Host using the Stripe platform, which requires the Host to provide their billing details, the Host's bank account, and to indicate other parameters required by Stripe.

Cabinest has the right to suspend the Host's privileges until the situation is clarified if it obtains reliable information that the Host's data is outdated or there is a reasonable suspicion that it is untrue.

The Host declares that they voluntarily accept the Commercial Terms and that the brokerage service in the provision of tourist services and other services is provided by Cabinest at their express request.

The Host grants Cabinest an irrevocable power of attorney, lasting for the period the Host is bound by the provisions of the Commercial Terms, to accept or cancel booking requests made by Users via the Cabinest Platform. This means in particular that if a User submits an offer to use the Property via the Cabinest Platform, Cabinest – based on the information entered into the Cabinest Platform by the Host – may, if there are no obstacles to the positive consideration of the booking request, accept this booking request on behalf of the Host and accept payment from the User for the services covered by the Reservation. In such a situation, Cabinest will promptly notify the Host that the Reservation has been successfully made and that the Host is obliged to provide the tourist service and other services (additional, ancillary) to specified persons (Guests) using the Property on a specified date and on the terms indicated in the Reservation. The Parties may agree (e.g., via electronic communication) that such a power of attorney is not granted to Cabinest, and in that case, the Host will be obliged – within 48 hours of receiving information about the booking request – to confirm or cancel the Reservation.

The Host declares that they are fully responsible for their Property, its use, and the related content, and releases Cabinest from liability for any direct or indirect damages, fines, etc., resulting from the non-performance or improper performance by the Host of the agreement binding them with Cabinest, including the provisions of the Commercial Terms. For the avoidance of doubt, the Host declares that they indemnify Cabinest from liability for such claims.

Services provided by means of the Property may not violate generally applicable laws, including in particular those concerning goods or services whose sale or promotion by electronic means is prohibited.

Cabinest has the right at any time to inform the Host that from a date indicated by Cabinest, it is not possible via the Cabinest Platform to:

The Host guarantees that they will make every effort to properly provide services in accordance with the Reservation and that (except for events of a force majeure nature) there will be no possibility of non-performance or improper performance by the Host of the tourist service and additional services.

Notwithstanding the other provisions of the Commercial Terms, Cabinest's maximum liability for damages towards the Host is limited to the value constituting the sum of the gross remuneration due to Cabinest from the Host during the three months preceding the events giving rise to the liability for damages.

When creating content within the Cabinest Platform, the Host is obliged to prepare and send to Cabinest content that precisely describes and presents the services that the Host is willing to provide to Guests. Cabinest encourages the preparation and submission of: 1) a description and address of the property, 2) photos of the property (both outside and inside), 3) video materials recorded at the property or its surroundings, 4) regulations and terms of use for the property and additional services, 5) information about any additional fees, such as local taxes, which users of the property (guests) are obliged to pay outside the Cabinest Platform, 6) the Host's contact details, 7) restrictions on the use of the property by certain persons (e.g., minors, persons with disabilities) or animals.

The aforementioned content becomes available on the Cabinest Platform after the process of creating the Property profile is completed and after its possible processing (e.g., compression) by the IT system of the Cabinest Platform. The Property profile can be created by the Host independently (if the Cabinest Platform provides such a function) or by Cabinest based on the data indicated in para. 1 above, provided by the Host electronically.

Cabinest has the right to modify the format of files or their technical parameters (such as resolution).

The Host confirms that all content provided by them is true and that at any time they are able to present to Cabinest evidence and facts that confirm the truthfulness of this content. In particular, the content must not be misleading as to the technical condition of the Property, its availability, the conditions it offers, its equipment, and other features that may affect interest in the Property in terms of providing tourist and additional services through it.

Content provided by the Host does not constitute a commercial offer within the meaning of the provisions of the Civil Code, but only an invitation to conclude an agreement within the meaning of the Civil Code.

The Host ensures that the content will not contain viruses or other harmful code.

If the content provided by the Host does not meet the requirements set for it, Cabinest may block access to the specific content, delete it, as well as oblige the Host to provide other content that meets the requirements for the given type of content.

Cabinest also has the right to remove any content related to the Host if this content infringes intellectual property rights, is illegal, false, counterfeit, stolen, or misleading.

The Host confirms that they will not use any information available on the Cabinest Platform to redirect users of the Cabinest Platform to other sales or service channels.

By providing content for the purposes of the Cabinest Platform, the Host grants Cabinest an irrevocable, non-exclusive, royalty-free, perpetual license, unlimited in terms of quantity or territory, to use this content, including for the promotion of the Cabinest Platform, within the following fields of exploitation:

The Host – by entering their designations (such as logotypes, trade names, trademarks) – consents to their use by Cabinest in connection with the operation of the Cabinest Platform.

When entering the price of a tourist service or an additional service, the Host is obliged to specify its value in Polish zlotys (PLN) as a gross amount (i.e., including VAT, if it applies to the given Host). Such a price is a final price that the User must pay for a given tourist service for one Guest to be able to use that service and selected additional services. The total final price is the sum of the prices for providing the service to individual Guests (unless the service is provided free of charge for a given Guest due to age or other reasons) and mandatory fees related to the Guests' stay. Unit prices may vary on different days or during different tourist periods.

In the event that a given tourist service or additional service can be provided in different ways (e.g., it is possible to rent a 2-person and a 4-person Property), then each of these ways is treated as a separate tourist service and the information about this service (including the content related to it) must be entered separately. If the Cabinest Platform allows it, information and content concerning one tourist service or additional service may be duplicated in the description of another tourist service or additional service of the same Host, however, in such a situation, the Host should check this content and modify the description to reflect the differences in the way the given tourist service is provided. Different tourist services or additional services may have different final prices.

The User cannot be obliged to bear any other fees or costs related to the tourist service or additional service than the price indicated on the Cabinest Platform. The above does not apply to situations where, due to generally applicable regulations, certain fees must be paid in another way, e.g., local fees (such as spa fees), or when there have been some changes in the way the tourist service or additional service is provided, and the Host has agreed to the application of these changes (e.g., the User did not choose paid parking, but the Guests arrived at the Property by car and expressed their will to use paid parking).

The Host may oblige the User or Guests to bear costs related to covering damages for destroyed or damaged property of the Host or other persons, if these damages are related to the service provided. The rules for bearing such costs are determined by the Host and should be indicated in the regulations or rules for using the Property and be available on the Cabinest Platform.

Any surcharges to the final price, other than those indicated above, are not permissible. In exceptional cases, Cabinest may agree to such surcharges being collected by the Host, provided that this consent must be given before the first collection of the surcharge, and the conditions for collecting these surcharges must be clearly defined in the service description.

Cabinest may allow the Host to participate in promotional campaigns, including those involving a reduction in fees for the provision of brokerage services.

The Host bears full responsibility for the prices and their validity and legality. The Host should ensure that at all times the prices indicated on the Cabinest Platform are current and that the Host is able to provide the tourist service or additional service at that price. Cabinest is not obliged to verify these prices and will not make changes to them without a request from the Host, but has the right to randomly verify them, including for market competitiveness. If Cabinest has doubts that a given price may be incorrect (e.g., many times lower or higher than the usual price for given services), then Cabinest has the option to temporarily block the availability of the given service until the matter is clarified. After contacting the Host and ensuring that the price is correct, Cabinest will unblock the availability of the given service as soon as possible, and if information is obtained that the price is incorrect – it may permanently block the availability of the given service or remove information about it. Similarly, Cabinest may verify other information about the service and the Property.

If a User makes a Reservation and it is confirmed, the Host is obliged to provide the service in accordance with the terms of the Reservation (including at the price that was displayed on the Cabinest Platform at the time of the Reservation), except for force majeure situations. The Host has the right to be released from the obligation to provide such a service only with the consent of the User and Cabinest. If the service agreement between the User and the Host is terminated for reasons attributable to the Host (e.g., due to negligence in entering the correct service price), Cabinest is entitled to retain the commission amount for this service, as it led, through the Cabinest Platform, to the User ordering a tourist service or additional service that was to be provided by the Host.

Cabinest makes efforts to ensure the Cabinest Platform is attractive to potential customers, which means that Cabinest strives for competitive service prices. Cabinest and the Host agree that the final price is a maximum price, which means that Cabinest has the right, at its own discretion, at any time, to reduce this price, and thus the Reservation can take place at a lower amount that the User will be obliged to pay. This change does not affect the value of the remuneration received by the Host, but only results in a reduction of the commission due to Cabinest for brokering the Reservation.

The maximum price placed on the Cabinest Platform is valid only within the Cabinest Platform. The Host is entitled to apply other prices in other channels for the sale and distribution of their services. The maximum price does not, therefore, restrict the Host's freedom in shaping the prices of their services. Nevertheless, the Host undertakes and guarantees that the price of the service placed on the Cabinest Platform will not be higher than the price offered by the Host in direct online sales channels (e.g., on the Host's own website). This means that the Host may apply any prices for their tourist service or additional service in any offline sales channels (e.g., at the Property's reception) and in indirect online sales channels (e.g., other online sales channels).

If the Host informs Cabinest that the price of the service they have placed on the Cabinest Platform is the currently cheapest price at which they offer their service through direct and indirect online sales channels, then Cabinest is entitled to take actions within the Cabinest Platform to better expose this tourist service or additional service, including by marking it with designations such as 'cheapest at Cabinest' or similar. Cabinest independently determines the distinctions for services that are specially exposed.

Cabinest has the right to temporarily block the possibility of booking a service if it obtains information that the price of the service the Host intends to provide is not the maximum price that the Host applies in direct online sales. In such a situation, Cabinest will promptly notify the Host about this with a request to respond, e.g., by demonstrating that the price on the Cabinest Platform is indeed the maximum price or by changing it to another, lower price. For the purpose of carrying out such verifications to ensure the competitiveness of the Cabinest Platform, Cabinest has the right at any time to compare the prices of the Host's tourist or additional services with the prices of these services on the Internet. Similarly, Cabinest may compare the quality of services and other service parameters.

Cabinest may provide – in situations other than offering a tourist or additional service via the Cabinest Platform at the currently lowest price – promotional services to the Host, allowing for the distinction of that Host's tourist or additional services. Such services are for a fee, unless Cabinest and the Host have agreed otherwise. These include, for example, classifying the Host's services as recommended and displaying these services to Users who have previously been interested in similar services.

As a rule, all changes to the description of tourist or additional services by the Host (or made by Cabinest in situations described in the Commercial Terms) are displayed on the Cabinest Platform in real-time, i.e., as soon as these changes are saved and published by the Host. Nevertheless, Cabinest reserves the right that, for technical reasons, these changes (including price changes) may appear on the Cabinest Platform within 24 hours. Cabinest indicates that the Cabinest Platform is periodically subject to maintenance work, which may result in the temporary unavailability of the Cabinest Platform and the inability for the Host to make changes to the content (including prices). Cabinest makes efforts to ensure that this maintenance work takes place at times when traffic on the Cabinest Platform is lowest, and thus minimally affects interest in the tourist or additional services provided by the Host.

Cabinest receives remuneration for services provided to the Host related to the operation of the Cabinest Platform. The value of this remuneration may include a fixed component (annual subscription for providing services to the Host via the Cabinest Platform) and a variable component (commission dependent on the number and prices of Reservations made via the Cabinest Platform), or both simultaneously. In addition, there may be other fees. The payment of fees and the current value of fees are presented in Appendix No. 1 to the Commercial Terms.

Cabinest may at any time waive the collection of certain fees or commissions or reduce their value. Cabinest is fully independent in making such a decision and informs the Host about it, specifying which fees the change applies to and for how long. A reduction of fees by Cabinest on this basis does not require re-approval of the Commercial Terms by the Host, as it is beneficial to the Host.

The settlement between Cabinest and the Host will take place at least once a month, by the 10th day of the month following the month covered by the settlement. Cabinest will then issue a VAT invoice for all its paid services provided to the Host.

Cabinest has the right to withhold the settlement of funds for a service that has not yet been fully completed or from the end of which no less than 7 calendar days have passed. Cabinest may include the settlement for this service in the next calendar month.

The payout of funds to the Host takes place on dates determined independently by the Host on the Stripe platform. These funds will be reduced by the fees (remuneration) due to Cabinest for the provision of services by Cabinest to the Host.

The Parties may make set-offs and deductions of their claims against each other.

Each Party declares on its own behalf that it agrees to the delivery of accounting documents (including VAT invoices) in electronic form, without the handwritten signature of the issuer. To facilitate the circulation of accounting documents, Cabinest indicates its e-mail address for receiving these documents: [email protected]. All correspondence regarding financial settlements between Cabinest and the Host should be conducted including this e-mail address and the e-mail address assigned to the User account of the Host, at least by including them in the 'Cc' field.

The day of payment is considered to be the day the bank account of the paying Party is debited.

Cabinest may allow payment by the User on the Cabinest Platform in a currency other than the Polish zloty (PLN). In the event that payment is made in another currency, the value of the remuneration due to Cabinest is calculated based on the official exchange rate of the National Bank of Poland for that currency published on the last business day of the calendar month in which the payment occurred.

The Host declares that all taxes, fees, and other costs related to the provision of the service (such as costs of electricity, gas, water, waste disposal fees) – if not indicated as being elements of the tourist service or additional service – will be borne by the Host at their own expense, and they may not demand any payments from Cabinest, the User, or Guests on this account, unless indicated otherwise in the service description or during the Reservation process.

The Host is obliged to pay taxes and fees and other costs (e.g., related to the employment of personnel) that are necessary for the operation of the Property and its use for tourist purposes.

Starting from January 1, 2026, the prices contained in Appendix No. 1 to the Commercial Terms will be subject to annual indexation by the real growth rate of the average salary in the year preceding the indexation in relation to the previous year, calculated and published by Statistics Poland (Główny Urząd Statystyczny).

The Host is fully responsible for the provision of their service to the User and Guests. Cabinest's role is limited only to brokerage and possible support in case of disputes, misunderstandings, or lack of full satisfaction with the service (complaints).

The Host is obliged to provide information on whom the User or Guest dissatisfied with the service should contact and how they can file their complaint.

The Host provides the option of free cancellation of the Reservation by the User up to the 14th day preceding the day of the start of the tourist service for that User (the Host may also allow free cancellation of the Reservation in other periods).

Before the start of the service, the Host should ensure that all Guests have familiarized themselves with the rules for using the Property and accept them. If the provision of the service involves special preparation of the Guests (e.g., training in the use of some devices), the Host should prepare the Guests before allowing them to use the Property.

The Host will provide services to Guests with due diligence and at least at the same level of quality as they provide these services to persons other than those using the Cabinest Platform.

To ensure the proper quality of services provided by the Host, all communication between the User, Guests, and the Host preceding the start of the tourist or additional service should take place via the Cabinest Platform, if the Cabinest Platform has such functionality. The Host is obliged to respond to questions from the User or Guests as quickly as possible.

Cabinest reserves the right to periodically verify the quality of tourist and additional services provided by the Host. Cabinest has the right to notify the relevant authorities and supervisory institutions if, as a result of these actions, it obtains information that makes it probable that there is a threat to the life and health of persons using the tourist or additional services or other serious irregularities.

Each Party declares that it will be independently responsible for the processing of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: 'GDPR').

The controller of personal data, in accordance with Articles 6 and 7 of the GDPR, is each Party separately, and on the basis of Article 28 of the GDPR, it entrusts personal data to the other Party to the extent necessary to implement the provisions of the agreement binding them. The nature and purpose of the processing result from the Host's acceptance of the Terms of Service and the acceptance of the Commercial Terms (the primary agreement). These Commercial Terms should be treated as an agreement that includes the provisions of a data processing entrustment agreement. The data processor is obliged to: 1) take all measures required under Article 32 of the GDPR, in particular to implement appropriate technical and organizational measures to ensure that the processing meets the requirements of the GDPR and protects the rights of the data subjects; 2) take appropriate technical and organizational measures against the loss, accidental or unlawful destruction, modification, unauthorized disclosure of, or unauthorized access to the entrusted personal data; 3) maintain a register of categories of processing activities referred to in the GDPR; 4) taking into account the nature of the processing, as far as possible, assist the data controller through appropriate technical and organizational measures to fulfill the obligation to respond to requests from the data subject in the exercise of their rights set out in Chapter III of the GDPR; 5) taking into account the nature of the processing and the information available to it, assist the data controller in fulfilling the obligations set out in Articles 32-36 of the GDPR; 6) provide the controller, upon each request, with information on the processing of the entrusted personal data.

Each of the Parties undertakes to inform all persons involved in the performance of the agreement about the obligations concerning personal data incumbent on the Party in connection with the agreement. At the request of either of the Parties, the other Party will be obliged to provide written confirmation that it has fulfilled this obligation.

Each of the Parties bears full liability towards the other Party for the non-performance or improper performance of obligations related to the entrustment of personal data processing. The processor undertakes to provide the data controller, whose data has been entrusted to the processor for processing, with all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR and to enable the controller or an entity indicated by it to carry out controls or audits and to contribute to them. The controller is obliged to document all personal data breaches, including the circumstances of these breaches, their effects, and the remedial actions taken.

The Host declares that they will not entrust the processing of personal data to third parties. Any such entrustment should take place after obtaining prior written consent from Cabinest. The third party (sub-processor) is obliged to conclude a data processing entrustment agreement with the Host that complies with the GDPR and the provisions of this agreement.

The Host declares that they are aware that within the Cabinest Platform they will have access to some personal data of Users and Guests and undertakes to process this data only for the purpose of the service covered by the Reservation.

The Host confirms that they will not grant access to the User account login data to third parties. In the event that the Host stores data about Users and Guests in another way (and has not obtained this data directly from the User or Guest, e.g., during their identity verification before the start of the tourist or additional service), then the Host is obliged to store the data obtained from the Cabinest Platform in a secure manner, preventing unauthorized third parties from accessing or using them. The Host may not, without the Guest's consent, disclose their personal data, including their image. If the Host intends to use personal data, including the image, for any purpose (e.g., for direct marketing), they are obliged to obtain consent from the data subject.

The Parties undertake to keep Confidential Information secret.

The following do not constitute Confidential Information:

Confidential Information may be disclosed, to the appropriate extent, if:

Confidential Information may be disclosed by the Party to its legal, accounting, tax advisors, insurer, underwriter, auditors, or entities conducting due diligence to the extent necessary for them to perform their services.

When disclosing Confidential Information to a third party, the receiving Party should inform it of the confidential nature of this information and oblige it to keep the Confidential Information secret on terms at least as strict as in the agreement binding the Parties.

The obligation to maintain confidentiality of Confidential Information lasts for the entire duration of the agreement and for 3 years after the termination of the agreement or the declaration of its invalidity.

The Commercial Terms constitute the provisions of the Parties, which come into force on the day of their acceptance by the Host.

As a result of the acceptance of the Commercial Terms, the provisions bind the Parties for an indefinite period, and these provisions may be terminated by either Party with a one-month notice period, with the effectiveness of this termination occurring upon the completion of the provision by the Host of all tourist or additional services for which a Reservation was made and the mutual settlement of the Parties for the cooperation defined by the Commercial Terms.

Upon the termination of the Commercial Terms by the Parties, the Host loses this status within the Cabinest Platform, which is not equivalent to the deletion of the user account. The User may then continue to use other services offered by the Cabinest Platform, including in particular making Reservations for services provided by other Hosts.

The termination of the Commercial Terms, unless the Parties have agreed otherwise, does not prevent the continued offering of services provided through the Host's Properties until the termination of the Commercial Terms. The Host may also block the possibility of making Reservations for the services they provide.

The termination, notice of termination, or expiration of the Commercial Terms does not affect previously completed Reservations and the rights and obligations of the Parties related to them (including in terms of settlements).

Either Party may terminate the Commercial Terms with immediate effect in the following situations:

Either Party has the right, before terminating the Commercial Terms, to inform the other Party of the circumstances that, in its opinion, justify the termination of the Commercial Terms, and to call on the other Party to cease the violations and take remedial action. In such a situation, the period set for the other Party to comply with the call cannot be shorter than 7 calendar days.

The Host status is non-transferable and permanently linked to the account of a specific User. In the event that a given User loses the right to represent the Host, at the request of that User or a person who demonstrates the right to represent the Host, the privileges related to managing the Property may be transferred to another User.

Cabinest declares that the Cabinest Platform is subject to constant development, including by introducing new functions, modifying existing ones, and removing existing ones. Cabinest declares that during the period the Parties are bound by the Commercial Terms, the Cabinest Platform will be covered by technical support, which will be provided by Cabinest or its subcontractors. Questions, information about errors, or suggestions for improvements should be directed to the person indicated for contact or to the e-mail address [email protected], unless the Cabinest Platform provides alternative tools for contacting technical support. The technical support staff are available by phone and e-mail on business days from 10:00 AM to 4:00 PM. Changes to the Cabinest Platform in terms of functionality do not affect the validity of the agreement binding the Parties and do not constitute a basis for its termination, unless, as a result of the change, the Cabinest Platform loses the feature that allows for making Reservations for services provided by the Host.

Cabinest takes action to resolve technical problems as quickly as possible. However, no provision of the Commercial Terms should be treated as an obligation for Cabinest to solve a problem (especially if it is of marginal importance to the functioning of the Cabinest Platform) or to solve it within a specific time.

By gaining access to the Cabinest Platform, every User (including one with Host status) also gains access to all updates of the Cabinest Platform. Cabinest will regularly update the Cabinest Platform and maintain its functionalities to best meet the needs of Users, however, Cabinest indicates that the Cabinest Platform and the brokerage and other services provided through it are under continuous development, therefore they are provided 'as-is' and Cabinest provides no warranty regarding the Cabinest Platform, including with respect to merchantability, satisfactory quality, or fitness for a particular purpose. Cabinest, despite taking actions to ensure high responsiveness of the Cabinest Platform's operation, does not guarantee to the Host that the Cabinest Platform will be able to cooperate with any device, operating system, or external software used by the Host. The Parties agree that to the fullest extent permitted by law, Cabinest will not be liable for damages caused by the unsuitability of the Cabinest Platform for any purpose or the inability to cooperate with another device, operating system, or external software.

The Host acknowledges the limitations of Cabinest's liability indicated in the Commercial Terms and agrees that the entire risk arising from the use of the Cabinest Platform in a manner other than that provided for in the Terms of Service and Commercial Terms is borne by the Host themselves.

Cabinest does not guarantee uninterrupted availability of the Cabinest Platform. In the event of interruptions in availability for which Cabinest is responsible, Cabinest will make efforts to restore availability in a short time. The Host is not entitled to claim for defects in the event of any limitations on the usability of the Cabinest Platform's functions for their contractual purpose. The Parties agree that a situation in which the Cabinest Platform is unavailable for a total of 7 full days in a 12-month period is considered a minor defect in the usability of the Cabinest Platform.

If the Host agrees, they may receive access to functionalities of the Cabinest Platform in their production-test versions. Cabinest indicates that such functionalities of the Cabinest Platform 1) may not work correctly, 2) may have reduced or limited functionality, 3) may lack some features, and 4) may be removed from the Cabinest Platform at any time, for which Cabinest is not responsible. Cabinest indicates that such functionalities of the Cabinest Platform do not constitute completed elements of the Cabinest Platform, therefore their use may differ from the use of other elements of the Cabinest Platform. A Host who has received access to such functionalities is obliged to maintain full confidentiality about them, including towards other Hosts or operators of other booking platforms with whom this Host cooperates.

The Parties consider all provisions of the Commercial Terms to be valid and effective. If any provision of the Commercial Terms proves to be or becomes invalid or ineffective, this shall not affect the validity and effectiveness of the other provisions of the Commercial Terms. The Parties will then promptly adopt a provision whose business purpose is identical or as consistent as possible with the purpose of the provision deemed invalid or ineffective.

The Parties undertake to resolve disputes through negotiations conducted in good faith, and if they do not reach an agreement in this way within 30 days, the court with local jurisdiction to hear the dispute will be the court of Cabinest's registered office, unless generally applicable regulations indicate another court as having exclusive local jurisdiction.

All amendments to the Commercial Terms require a documentary form on pain of nullity. The Parties may also agree on matters related to ongoing cooperation in other ways, e.g., by telephone.

The Host may not transfer the rights and obligations arising from the Commercial Terms to a third party without the prior consent of Cabinest.

No conduct of Cabinest (or lack of conduct) may be interpreted as a waiver of Cabinest's rights arising from the Commercial Terms.

The Commercial Terms and all contractual and non-contractual obligations related to them are subject to Polish law and should be interpreted in accordance with Polish law.

Polish courts have jurisdiction over the Commercial Terms, unless generally applicable regulations indicate another court as having exclusive local jurisdiction.

In matters not regulated in the Commercial Terms, the provisions of the Terms of Service shall apply.

For the avoidance of doubt, it is assumed that none of the provisions of the Commercial Terms limits or may be interpreted as limiting the rights of a consumer and a natural person using the Cabinest Platform not for professional purposes arising in particular from the subject of their business activity, which they are entitled to under the generally applicable laws in the territory of the Republic of Poland.

This version of the Commercial Terms was adopted on June 26, 2025.