Terms of Service

Cabinest spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, registered address: Al. Powstania Warszawskiego 15, 31-539 Kraków, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001170258, whose registration files are kept by the District Court for Krakow-Śródmieście in Krakow, XI Economic Division of the National Court Register, having NIP (Tax Identification Number) 6751812931 and REGON (National Business Registry Number) 541579142, with a share capital of PLN 50,000 and contact details: [email protected] and phone no.: 660 560 321 (hereinafter: "Cabinest"), is the owner of the Cabinest Platform and the entity providing services to users through this Platform.

Cabinest provides services to users of the Cabinest Platform to the extent and on the terms specified in these regulations (hereinafter: “Regulations”).

The service is provided exclusively through the Cabinest Platform available at https://cabinest.pl and any applications created for this purpose by Cabinest.

Before using the services provided by Cabinest, including in particular before registering their user account on the Cabinest Platform, the User of the Cabinest Platform is obliged to read the Regulations, the Privacy Policy, and other documents defining the manner of using the Cabinest Platform.

The User of the Cabinest Platform undertakes to comply with the Regulations and other documents defining the manner of using the Cabinest Platform.

Cabinest exclusively provides intermediation services in establishing business relationships between a User interested in using a Property and a Host. The intermediation service is carried out via the Cabinest Platform.

Cabinest does not provide tourist services. Contracts for tourist and other services related to the Property are concluded directly between the users of the Cabinest Platform and the Hosts. If a User makes a Booking, the contract in this regard is concluded directly between that User and the Host. Cabinest is therefore not a party to the contract for the provision of tourist and other services related to the Property offered on the Cabinest Platform.

The Cabinest Platform is aimed at both natural persons who are consumers and other entities (including legal persons). The Cabinest Platform contains information about Properties and the possibilities of using them, along with prices and availability. Cabinest does not act as an organizer, lessor, seller, or other partner to the contract concluded via the Cabinest Platform by the User with the Host.

For the purposes of the Regulations (unless otherwise indicated in its content), the following definitions are adopted:

Expressions or phrases not defined in the Regulations may have the meaning assigned to them by law, and in the absence of such a definition, should be understood in accordance with the meanings applicable in the ICT, legal, tourism, catering, and hotel industries.

Using the Cabinest Platform does not require registration on the Cabinest Platform. Without registering and logging in, it is possible to view information on the Cabinest Platform website, view Properties, or preliminarily determine the parameters of a tourist service or other additional services. However, to make a Booking, it is necessary to have a user account on the Cabinest Platform.

A successful Booking is not possible without the User first creating an account or creating one during the Booking process.

Using the Cabinest Platform is free for the User. However, if the User makes a Booking, a fee may be charged (e.g., a service fee or commission), the value of which is presented to the user during the Booking process.

Cabinest indicates that it does not verify the provided personal data, however, it has the right to refuse to provide certain services or make Bookings without the User providing specific personal data or in the event of providing false data, concerning both the User and the Guests.

The Cabinest Platform may include functionalities allowing Users to be informed about events related to the Cabinest Platform, Cabinest, Properties, or Property Hosts. In particular, such functionality may be a newsletter, email notifications, SMS messages, push notifications on mobile devices, or notifications within web browsers. To receive such notifications, the User may consent to receive them from Cabinest. These notifications constitute commercial information within the meaning of Art. 10 para. 2 of the Act of 18 July 2002 on the provision of electronic services. Regardless of the above, the User may receive notifications about events of a technical nature or other events related to the functioning of the Cabinest Platform, e.g., information about planned maintenance work or changes to the Regulations.

A given user account can only be used by one User. The User may not share account access data with third parties.

To use the Cabinest Platform, the following technical requirements must be met:

All content posted on the Cabinest Platform (including that related to services provided by Cabinest and by Hosts) is protected by intellectual property rights. The economic copyrights to this content belong to Cabinest, or Cabinest holds appropriate licenses from authorized entities, in particular from Hosts or Users who have entered their content onto the Cabinest Platform.

Cabinest makes every effort to ensure that the information on the Cabinest Platform is precise and provides all necessary data about the Properties and the possibilities of using them. However, due to the fact that part of the content is posted independently by Hosts or by Cabinest based on materials and information provided by Hosts, Cabinest does not provide any warranties, express or implied, as to the correctness of this data, its completeness, timeliness, reliability, suitability for a specific purpose, or other.

Cabinest indicates that the information contained on the Cabinest Platform is for informational purposes only and does not constitute a binding commercial offer from Cabinest or the Host within the meaning of Art. 66 of the Civil Code.

Cabinest is entitled at any time to modify the information on the Cabinest Platform, particularly if it becomes aware that the data is outdated, obsolete, or misleading. Such information may also be removed on Cabinest's own initiative or at the request of authorized entities.

Cabinest may change the data structure and functions of the Cabinest Platform at any time, in particular in connection with the development of the Cabinest Platform and the introduction of improvements or new functionalities.

Cabinest makes no warranties, express or implied, regarding the availability of the Cabinest Platform or its functions, nor any warranty that the Cabinest Platform is free from defects.

Cabinest makes efforts to ensure that the Cabinest Platform is free of IT threats for Users, however, Cabinest indicates that a significant amount of information and materials available on the Cabinest Platform comes from Hosts or third parties other than Cabinest (including other Users), which may generate some IT risk for the User. For this reason, Cabinest encourages the User to properly secure their end device against threats from the Internet. A person using the Cabinest Platform is obliged to equip themselves with the necessary hardware and software to use the Cabinest Platform and to protect this hardware and software from Internet threats.

Cabinest strives to make the Cabinest Platform available at all times, however, there may be both planned interruptions in the operation of the Cabinest Platform (e.g., related to maintenance work) and unplanned ones (e.g., due to external events beyond the Cabinest Platform). However, Cabinest makes every effort to ensure that the period of unavailability of the Cabinest Platform or its functionality is as short as possible.

Cabinest declares that it is not liable for any damages related to access to the Cabinest Platform or the inability to access it, in particular for damages in the form of lost profits. To the fullest extent permitted by law, Cabinest excludes its liability, as well as that of its personnel and independent contractors, and partners for the aforementioned damages, regardless of the legal basis for such liability, except for liability for damages caused intentionally or by gross negligence, and only to the extent permitted by the generally applicable law in the Republic of Poland.

The limitations of liability do not apply to warranties given, in the case of personal injury, damage to health or life, or in the case of claims based on product liability regulations.

Cabinest indicates that the Cabinest Platform may contain links to third-party content and directing to data available on the Internet outside the Cabinest Platform. Cabinest does not verify this data or content located outside the Cabinest Platform and informs that using them is at the User's own risk, who should be aware that using these links and content may involve IT risks. Cabinest encourages you to read the privacy policies of these websites, cookie policies, regulations, and other content that inform how to use these third-party websites and how User data is processed.

Users have the right to enter their own content onto the Cabinest Platform, e.g., in the form of writing reviews (comments) or giving ratings to Properties or Property Hosts. The Cabinest Platform allows the Host to respond to a User's comment regarding that Host's Property. The User – by entering such data, as well as by using the Cabinest Platform in any other way – undertakes in particular to:

By entering their own content onto the Cabinest Platform, the User confirms that they have the necessary rights to use this content, including to disseminate it via the Cabinest Platform in such a way that every person has access to it at a time and place of their choosing. The User thereby grants Cabinest a free, non-exclusive, perpetual, and worldwide license to use these works in any way for the purpose of promoting the Cabinest Platform, Cabinest, the Property, and the Host. Cabinest has the right at any time to remove or moderate content posted by the User on the Cabinest Platform if it is inconsistent with the Regulations or generally applicable laws. Furthermore, Cabinest has the right to translate the content entered by the User (including by means of machine translation) into any language, as well as to change this content in such a way that its general meaning is preserved (e.g., by correcting language errors or adapting it to the search mechanisms used by web browsers).

If a User notices content on the Cabinest Platform that is illegal, misleading, or otherwise violates the law or the provisions of the Regulations, they should inform Cabinest by contacting the e-mail address [email protected].

The User is not entitled to grant sublicenses to the content posted on the Cabinest Platform, unless with the prior consent of Cabinest.

The content that is part of the services provided via the Cabinest Platform is not delivered on a tangible medium.

In the event of the termination of the Cabinest Platform's operation or the posting of content entered by the User, the User will be informed about ways to maintain access to the content concerning them (e.g., by enabling the download of this content to their own device).

The deletion of a user account does not entail the removal from the Cabinest Platform of works, data, opinions, comments, and other User activity, unless the Regulations state otherwise.

Cabinest, on the basis of Art. 558 of the Civil Code, excludes the statutory warranty to the fullest extent legally permissible for contracts concluded with consumers or entrepreneurs.

All services provided via the Cabinest Platform are provided at the User's request. The User independently selects the subject of the Booking and determines the parameters associated with it.

The conclusion of a contract between the User and the Host occurs only upon confirmation of the Booking. Via the Cabinest Platform, a User interested in a tourist or other service provided through the Property has the opportunity to send a booking inquiry (make a Booking), which may result in the conclusion of a contract by the User with the Host at the moment the Booking is confirmed. Sending a booking inquiry by the User is treated as the User sending an offer to conclude a contract with the Host. The contract is concluded upon the Host's acceptance of the offer. The Host may grant Cabinest a power of attorney to accept offers, which significantly speeds up the Booking confirmation process.

After making the Booking and making the payment, the User receives a notification containing the most important information about the Booking. If the Booking requires separate confirmation by the Host, the User also receives this confirmation. As a rule, these notifications are sent to the e-mail address and phone number associated with the User's account, and additionally, information about the booking status is available after the User logs in to the Cabinest Platform. In the case of the introduction of other ways of using the Cabinest Platform (e.g., mobile applications), these notifications may also be sent via these methods, e.g., as push notifications.

Sending a booking inquiry by the Guest means that they confirm that they have read all the documents available on the Cabinest Platform that define the technical and organizational issues related to the use of the Property being the subject of the Booking, in particular the rules of stay, the rules for monitoring the stay of Guests in the Property and its vicinity (if made available on the Cabinest Platform).

The prices of services provided by Cabinest or Hosts may differ for different groups of Users, in particular by allowing the use of discount codes or by including them in special promotions. In such a situation, the Cabinest Platform will indicate the price of the service before its reduction, as well as the lowest price at which the given service could be purchased in the last 30 days.

Cabinest may also use mechanisms for individual price adjustments based on automated decision-making. If such a mechanism is applied to a User who is a consumer, information about these mechanisms will be provided to the User during the service acquisition process.

The contract is concluded with the User in the Polish language with content consistent with the regulations. All translations of this contract and any other content on the Cabinest Platform are supplementary (including those made using machine translation) and only the Polish language version is binding for the User and Cabinest. At any time, the User can download the current version of the Regulations as a PDF file and have access to archival versions of the Regulations.

Before completing the Booking process, the User is presented with the final price of the service that the Property Host will provide to the Guests through the Property. This price includes all fees, including taxes and transaction commissions. The User – if possible for the given Property or Booking – may, independently of the Cabinest Platform, change the scope of the service provided to the Guests by the Host through the Property (e.g., by purchasing additional services upon arrival at the Property).

The prices available on the Cabinest Platform are given in Polish zlotys (PLN) and in some other currencies and are gross prices, which means they include all components, including VAT, customs duties, and other fees. The above does not preclude the presentation of prices also by separating the net price and the VAT corresponding to the given service. Cabinest may also allow payments to be made in other currencies, which, however, may be associated (unless otherwise indicated during the payment process) with the conversion of the currency used by the User to PLN according to the exchange rate determined by Cabinest, the settlement agent (payment gateway), another payment operator, the User's bank, or the issuer of the payment card used by the User.

Payment for the service can be made using a settlement agent (payment gateway) or by other methods implemented on the Cabinest Platform. If the payment for the Service fails, the Booking is not canceled if the payment is made within 24 hours. Failure to make a successful payment within this time results in the cancellation of the Booking and thus the service becomes available again to all users of the Cabinest Platform.

Cabinest indicates that in some cases of tourist services, there may be local fees that Guests are required to pay before using the Property. In such a case, the payment of these local fees takes place on-site at the beginning of the use of the Property, and this payment is made independently of the Cabinest Platform, e.g., in cash, by bank transfer, or by payment card. Unless local regulations provide otherwise, in most cases, the entity providing the tourist service (the Host) is authorized to accept local fees. Local fees most often depend on the duration of a person's stay in the territory of a given local government unit.

Cabinest reserves the right to cooperate with more than one settlement agent, as well as to change the settlement agent. Currently, the settlement agent is Stripe Payments Europe, Limited. A change of settlement agents does not require a change to the Regulations if it does not affect the situation of a User who is a consumer.

Cabinest is entitled to accept payments for Bookings on behalf of the Host. The User can only demand a refund from the Host, which does not preclude the refund of funds via Cabinest.

The User has the right to cancel their Booking 14 days before the start date of the service and receive a refund, if they have already made a payment for it. If the Host has allowed such a possibility, the User may cancel their Booking in less than 14 days before the start of the service covered by the Booking, which, however, may involve a partial or full obligation for the User to pay the price for the service. If the Host has not granted Cabinest the authority to accept Bookings on their behalf, then within 48 hours from the day of sending the booking inquiry, the Host is obliged to accept or cancel the Booking. If the Host does not accept or cancel the Booking within this time, it is assumed that the Booking has been canceled, of which the User will receive an appropriate notification.

Cabinest – for the purpose of proper provision of services, as well as to provide the necessary information to the Host so that they can properly provide the tourist or other service to the Guests – collects personal data necessary to issue accounting documents and to identify the Guests. The detailed rules for processing personal data are defined in the Privacy Policy of the Cabinest Platform. Cabinest informs the User that the correct indication of data concerning the Guests may be crucial for the proper provision of the tourist or other service, especially if this service involves certain restrictions, e.g., concerning the age of persons who can use it or their state of health. Cabinest is therefore not liable to the User or the Guests if the information provided by the User was incorrect and was not corrected before the planned start of the Guests' use of the services provided by the Host. Cabinest indicates that if the required criteria for the Guest to use the tourist or other service are not met, the Host has the right not to allow the Guest to participate in the given tourist service or to exclude the Guest from it. This applies in particular to situations where the Guest's participation in the tourist service or its accompanying service would pose a threat to themselves, third parties (including other Guests), the condition of the Property, or the Host.

Cabinest has the right at any time to terminate the contract concluded with the User with immediate effect, i.e., in particular, when the User significantly violates the provisions of the contract, including the Regulations, or uses the Cabinest Platform contrary to its purpose.

Cabinest has the right to terminate the contract with the User for any reason (and without giving a reason) with a 14-day notice period. Such termination does not affect the performance of the tourist or other service for the Guests by the Host, even if the service is to be performed after the notice period has expired. In such a case, the User may contact Cabinest regarding this service until the end of the provision of the tourist service and other services related to the Property.

Cabinest also has the right to oblige the User to cease violations of the contract provisions and to set a specific deadline for this purpose (not shorter than 3 days), under penalty of termination of the contract. After the ineffective expiry of this period, Cabinest is entitled to terminate the contract.

The User may terminate the contract with Cabinest for any reason (and without giving a reason) at any time. Such termination does not affect the performance of the tourist service and other services for the Guests by the Host, even if the service or services are to be performed after the notice period has expired. In such a case, the User may contact Cabinest regarding this service until the end of the provision of the tourist service and other services related to the Property.

A User who is a consumer has the right to withdraw from the contract for services provided electronically via the Cabinest Platform within 14 days from the date of its acquisition, unless they have previously consented to the commencement of the service before the expiry of this period and have waived their right to withdraw.

A User who is a consumer has the right to withdraw from contracts other than those specified in para. 1 above, within 14 days from the date of conclusion of the contract without giving a reason, in situations provided for in the Civil Code.

In order to withdraw, a User who is a consumer should formulate a statement of withdrawal themselves or use the model withdrawal statement.

Cabinest, without undue delay after receiving a correct statement of withdrawal, will inform the User who is a consumer about the receipt of such a statement.

The User's right as a consumer to withdraw from the contract is excluded in the following situations:

In the event of withdrawal from the contract by a User who is a consumer, Cabinest (at the User's request) provides them with content other than personal data, which was provided or created by the User during the contract, free of charge, within a reasonable time and in a commonly used machine-readable format, except when:

Cabinest is liable (to Users who are consumers or natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business) for the non-conformity of the service with the contract and the digital content with the contract.

Complaints should be addressed to Cabinest. If the complaint concerns the performance of the service covered by the Booking to the extent that the service was to be or was performed by the Host, then Cabinest recommends contacting the Host first.

The complaint will be considered by Cabinest without undue delay, within a maximum period of 14 days from the date of its receipt.

In case of deficiencies in the complaint, Cabinest may request the User to supplement it.

Cabinest indicates that potential technical problems with using the Cabinest Platform may result from circumstances on the User's side or reasons independent of the User and Cabinest. For this reason, in such cases, in order to properly handle the complaint, the User's cooperation with Cabinest is recommended to determine the cause of the problems.

Users who are consumers have the option of out-of-court complaint handling and redress, among others, in the following way:

No provision of the Regulations should be interpreted as violating or limiting the rights of consumers or natural persons concluding a contract directly related to the business activity of these persons, when the content of the contract shows that it does not have a professional character for these persons, if the generally applicable laws in the Republic of Poland grant such a right to such persons.

Any disputes between Cabinest and the User shall be settled by the court competent for Cabinest, unless the generally applicable laws in the Republic of Poland indicate the jurisdiction of another court (e.g., in the case of consumer disputes).

The Regulations are subject to the generally applicable laws in the Republic of Poland, including the provisions of the Civil Code, the Act on the provision of electronic services, and the Consumer Rights Act.

Any changes to the Regulations will be made with at least 14 days' notice, and all user account holders will be informed of the changes via messages sent to the e-mail addresses associated with these user accounts.

Changes to the Regulations may also be made with immediate effect if this results directly from the generally applicable laws in the Republic of Poland.

A User who does not agree to the change in the Regulations, unless otherwise stated in the content of the e-mail message, should inform Cabinest of this fact during the period preceding the entry into force of the Regulations, which results in the termination of the contract binding them with Cabinest. Furthermore, the User may delete their user account at any time.

For the Regulations and the provision of services by Cabinest via the Cabinest Platform, Polish law and the jurisdiction of Polish courts are applicable.

The Regulations come into force on June 26, 2025.