Full terms and conditions
Terms and Conditions for Hiring Borodziej
This English translation is provided for reference. If the English and Polish versions differ, the Polish version takes precedence.
§1 General provisions
- These terms set out the rules for booking and using Wiata Kominkowa Borodziej, referred to below as the "Venue".
- The Venue is managed and hired out by PH Omega Dagmara Szamborska, Polish tax identification number NIP 5842032374, with its registered office at Grunwaldzka 499/1, 80-320 Gdańsk, referred to below as the "Owner".
- The Borodziej grounds, including the shelter, fire pit and infrastructure, may only be used after a booking has been made.
- No one may occupy the Venue, hold a gathering, remain in the covered area or use any of the Venue facilities without a valid booking and the Owner's consent.
- Lighting a fire without a prior booking and the Owner's consent is strictly forbidden.
- If a fire is lit without a booking or the Owner's consent, the responsible person must pay a contractual penalty of PLN 1,500 for each confirmed breach.
- Regardless of the contractual penalty, the Owner may seek damages exceeding the amount of the penalty under the general rules of law, particularly where damage, a fire hazard or an intervention by the emergency services occurs.
- The Venue is located in a protected forest area supervised by the relevant authorities, including the Forest Guard. Breaching the rules for using the area may result in a fine or other penalties provided by law.
- The person who books the Venue is referred to below as the "Booking Party", "Renter" or "Event Organiser".
- Making a booking means that the Booking Party:
- has read these terms;
- accepts them in full;
- agrees to ensure that everyone present at the Venue follows them.
- These terms form an integral part of the Venue rental agreement.
§2 Booking
- You can book the Venue:
- through the booking system available on the website;
- by phone on +48 501 793 673;
- by email at rezerwacja@wiataborodziej.pl.
- A booking is confirmed once a deposit equal to 30% of the booking value has been paid. The deposit must be paid within 24 hours of making the booking.
- If the deposit is not paid within this time, the Owner may cancel the booking.
- Electronic payments are processed by PayPro SA - payment agent, ul. Pastelowa 8, 60-198 Poznań, Poland.
§2a Agreement before the event
- Before the event begins, the Organiser must complete and confirm the agreement for their booking. A link to the form at wiataborodziej.pl/umowa is provided in the booking confirmation or a separate email. If the link is missing or the form cannot be completed, contact umowy@wiataborodziej.pl or call +48 501 793 673 to agree how to complete the formalities.
- The Organiser selects whether they are acting as an individual or on behalf of a company and provides accurate information required by the form. A company representative must have authority to act for the company. Before confirming, check the parties' details, dates, booking scope and price, and resolve any discrepancies with the Owner.
- Online confirmation requires reviewing the agreement and attached terms, selecting the required declarations, requesting a one-time code by email, entering the code and selecting the final confirmation button. Completing the form, opening the preview or requesting a code does not confirm the agreement.
- The Organiser's declaration is recorded in documentary form under Polish law, with the date and time of confirmation and a link to the booking. Confirmation by email code is not a qualified electronic signature. A PDF copy of the agreement and terms is emailed to the Organiser and the Owner.
- The document concerns an existing booking. Confirmation does not place another order, charge the price again or replace payment of the deposit or outstanding balance. It does not confirm that payment has been received.
- Online confirmation does not acknowledge the physical condition of the Venue. The Venue and equipment may be inspected at handover. Before the event, staff may verify the Organiser's details against an identity document shown in person, without making a copy, and check authority to represent a company.
- The scope, purposes and rules for processing agreement data are explained at https://wiataborodziej.pl/en/privacy-policy. For agreement enquiries contact umowy@wiataborodziej.pl.
- This requirement applies to bookings made under this version of the terms. For earlier bookings, additional documentation or changes require agreement with the Organiser; publishing revised terms or sending a link does not change an existing agreement. Failure to confirm the form does not in itself automatically forfeit the deposit or incur a penalty.
§2b Changes, arrival and payment
- Changes to attendance, menu and other order details must be requested by email at least 10 days before the event. Changes require the Owner's confirmation, including any price adjustment. Sending a request does not mean that it has been accepted. Later changes are subject to individual agreement.
- The time stated in the booking is the event start time. The Organiser may normally arrive no earlier than 20 minutes beforehand. Earlier arrival requires prior agreement with the Owner.
- Collection of belongings, decorations and equipment belonging to the Organiser or their suppliers is arranged with staff on site. A later collection does not extend the event.
- The outstanding balance is payable in cash on site on the event date. For company bookings, the balance is invoiced and payable by the deadline stated on the VAT invoice and agreed with the Owner. Invoice details must be provided before issue.
- To reschedule or cancel, contact the Owner, preferably by email. A booking transfer, availability and settlement of payments are agreed individually. Rescheduling requires the Owner's confirmation. The agreement and applicable law govern settlement of the deposit. Cancellation of an event that includes catering is settled in accordance with §3a.
- Extending the event beyond 02:00 requires the Owner's consent and incurs a one-off charge of PLN 450. The event must end no later than 06:00. Remaining at the Venue does not imply permission to extend the event.
- Use of additional firewood beyond the amount prepared by the Owner for the event requires agreement with staff and incurs a one-off charge of PLN 450.
- Email requests for changes, additional services or special arrangements to rezerwacja@wiataborodziej.pl, quoting the booking number. Arrangements confirmed by the Owner by email supplement the agreement. The scope and price of additional paid services must be agreed with the Organiser before delivery.
§2c Cleaning after the event
The booking price includes normal cleaning arising from ordinary use of the Venue, including:
- collecting and removing ordinary event waste;
- washing the Owner's dishes, equipment and grilling utensils;
- tidying tables, benches and other available areas;
- normal cleaning of sanitary facilities;
- tidying the fire pit area.
Staff cleaning the fire pit does not release the Organiser from supervising and safely extinguishing the fire in accordance with these terms.
Normal cleaning excludes dismantling or removing decorations, cleaning up after outside catering, and washing or packing external suppliers' equipment. These tasks are the Organiser's or supplier's responsibility.
Normal cleaning also excludes unusual, excessive soiling requiring additional cleaning or disinfection, including vomit and urine or faeces outside the sanitary fixtures intended for that purpose. Ordinary soiling resulting from proper use of sanitary facilities is included in the booking price.
If additional cleaning beyond this scope is necessary after the event, the Owner may charge a one-off fee of PLN 500. The Owner documents the additional work and basis for the charge and provides this to the Organiser. The same cleaning work is not charged again as a contractual penalty.
§3 Deposit
- The deposit is governed by Article 394 of the Polish Civil Code. If the agreement is not performed for reasons for which the Booking Party is responsible, the Owner may withdraw from the agreement and retain the deposit as provided by law. In circumstances provided for by law, including where the agreement is terminated or its non-performance results from circumstances for which neither party is responsible or both parties are responsible, the deposit is refunded. The specific rules for settling the cancellation of an event that includes catering are set out in §3a.
- If neither the Event Organiser nor any of their guests attends the Venue at the time specified in the confirmed booking, and no change to that time has been agreed with the Owner, the event will be cancelled. If the event does not take place for reasons for which the Booking Party is responsible, the Owner may withdraw from the agreement without granting an additional period for performance and retain the deposit paid, in accordance with Article 394 of the Polish Civil Code. This clause does not affect the Booking Party's rights under mandatory provisions of law.
§3a Cancellation of events that include catering
- The following rules apply to bookings that include food prepared or provided by the Owner, particularly the “Biesiada Borodzieja” and “Uczta Borodzieja” packages and other orders that include food provided by the Owner or its subcontractors. They do not apply to food arranged independently by the Booking Party.
- Cancellation of such a booking must be notified no later than 4 days, meaning 96 hours, before the event start time stated in the confirmed booking. If this deadline is met, settlement is governed by the deposit provisions, with no obligation to pay the remaining balance for the event, subject to mandatory provisions of law.
- If cancellation is notified after this deadline, or if the Organiser and their guests do not attend, for reasons for which the Booking Party is responsible, settlement is not limited to retaining the deposit. The amount due is calculated on the basis of the full event price set out in the confirmed booking and any subsequent agreements between the parties, less the deductions specified in paragraph 4.
- The amount due is reduced by costs the Owner has not incurred as a result of the cancellation and amounts recovered by cancelling orders with subcontractors. The settlement also takes account of any benefit from reusing or selling food already prepared and from making the reserved date available for another event. The Owner takes reasonable steps to mitigate the loss.
- The settlement takes account, in particular, of food products purchased, dishes prepared, work carried out and binding commitments to subcontractors that could not be cancelled without incurring costs. The Owner provides the Booking Party with an explanation of how the amount due has been calculated, including the deductions applied. The amount due may equal the full event price if there are no grounds for a reduction.
- The deposit and any other amounts paid are credited towards the amount due under these rules. The deposit is not charged in addition to that amount. The total amount charged in respect of the cancellation must not exceed the confirmed order price.
- For evidential purposes, cancellation by email to rezerwacja@wiataborodziej.pl is recommended, quoting the booking number. Compliance with the deadline is determined by when the notice reaches the Owner in a way that allows the Owner to read its contents. The Owner does not need to confirm acceptance for the cancellation to take effect.
- These provisions do not restrict the Booking Party's statutory rights, particularly in the event of non-performance by the Owner or circumstances for which neither party is responsible.
§4 Private events
- Events held at the Venue are private events.
- The Owner provides the event space and supplies food and other services where these form part of the confirmed booking. This does not mean that the Owner takes on the role of Event Organiser.
- The Event Organiser is fully responsible for running the event.
- The Owner is not the organiser of the event and is not responsible for:
- the course of the event;
- the behaviour of attendees;
- the consumption of alcohol by event attendees.
§5 Private use only
- The Venue is not intended for mass events within the meaning of the Polish Act of 20 March 2009 on the Safety of Mass Events.
- The following events may not be organised at the Venue:
- public events;
- ticketed events;
- events open to the general public.
- All events held at the Venue must be private.
§6 Maximum number of attendees
- The maximum number of event attendees is 100.
- An event for a larger number of people may only be held after prior agreement with the Owner.
- The Booking Party is responsible for everyone present at the Venue.
§7 External suppliers and services
- Any outside supplier who is not a subcontractor of the Owner must be declared in advance and approved by the Owner.
- Outside suppliers include, among others, caterers, food trucks, entertainers, suppliers of attractions and recreational equipment, and providers of music, sound systems, lighting, stage technology, photo booths, retail stands, shows or workshops. The same rule applies to any other business providing a service to event guests.
- The Event Organiser must tell the Owner about every planned outside supplier no later than 10 days before the event. The notice must include the type of service, number of suppliers and expected use of the Venue facilities.
- The Owner may require additional information about the planned attractions, event organisation, electricity requirements, vehicle access, use of additional space or other circumstances affecting the Venue.
- Using outside suppliers may incur an additional organisational fee. This may cover access to the facilities, increased use of the grounds, additional planning or coordination, extra utilities or use of Venue equipment.
- The Owner sets the organisational fee individually, taking into account in particular:
- the number of event attendees;
- the number of external suppliers;
- the extent to which the infrastructure will be used;
- electricity and utility requirements;
- the space occupied by additional attractions or equipment;
- the effect of the planned activities on the operation of the Venue and the forest area.
- The organisational fee may range from PLN 200 to PLN 3,000 net. For particularly extensive events, it is set individually.
- The Event Organiser is fully responsible for the actions of outside suppliers and for any damage connected with their services.
- If an outside supplier is used without prior notice and the Owner's consent, the Owner may charge an additional organisational fee of PLN 3,000 net. This does not limit the Owner's right to seek further damages under the general rules of law.
§8 Forest area
- The Venue is located in a forest area.
- Event attendees must exercise particular caution and follow fire safety rules.
- It is forbidden to:
- damage plants;
- leave litter;
- interfere with the natural environment;
- leave a fire unattended.
- The Event Organiser is responsible for damage caused to the natural environment.
§9 CCTV
- The outdoor area of the Venue is monitored by CCTV.
- CCTV is used to:
- protect people's safety;
- protect property;
- prevent breaches of these terms.
- The data controller is PH Omega Dagmara Szamborska.
- Personal data is processed in accordance with the GDPR.
§10 Liability for damage
- The Booking Party is fully financially responsible for any damage caused at the Venue.
- This liability includes, in particular, damage resulting from:
- improper use of fire;
- damage to infrastructure;
- the actions of event attendees.
- The Booking Party must cover the cost of repairing the damage.
- The Owner may seek damages under Article 471 of the Polish Civil Code.
§11 Contractual penalties
- If these terms are breached, the Owner may charge contractual penalties.
- Contractual penalties may be charged in particular for:
- leaving a fire unattended - PLN 1,000;
- burning prohibited materials - PLN 1,500;
- damaging the infrastructure - the repair cost plus PLN 1,000;
- exceeding the agreed number of attendees - PLN 50 for each additional person;
- Payment of a contractual penalty does not exclude the Owner's right to seek damages exceeding the amount of that penalty.
§12 Rules for using the fire pit
- These rules govern the use of the designated fire pit located on land leased and managed by the Owner.
- The fire pit is intended only for people using the Borodziej shelter and the infrastructure provided by the Owner as part of the Venue rental.
- The fire pit may only be used during the agreed rental period.
- Everyone using the fire pit must read and follow these rules.
- Using the fire pit means accepting these rules in full.
- A fire may only be lit in the designated fire pit, located in the centre of the hardened area and secured with a stone ring.
- The intensity of the fire must be appropriate to the surroundings and flames must not exceed one metre in height.
- Only firewood intended for this purpose may be burned.
- It is forbidden to burn:
- waste;
- plastic;
- flammable materials;
- chemicals;
- any other substances that may endanger people or the environment.
- Before lighting a fire, the user must have a means of communication that allows the relevant emergency services to be contacted immediately if a fire hazard occurs.
- People using the fire pit bear full civil liability for the consequences of using an open fire.
- When the Venue is rented by an Event Organiser, the person making the booking is responsible for ensuring that all attendees are familiar with these rules.
- Children and minors may only remain near the fire under the direct supervision of an adult.
- The fire must remain under the constant supervision of an adult for as long as it is burning.
- A burning fire must never be left unattended.
- After using the fire pit, the user must:
- extinguish the fire completely;
- use the water available at the location marked with an X to extinguish any unburned wood;
- leave the fire pit tidy.
- The Owner reserves the right to:
- prohibit the lighting of a fire;
- order a fire to be extinguished immediately if conditions create an increased fire risk.
- People using the fire pit must follow instructions given by the Owner or anyone authorised by the Owner.
- If damage results from improper use of the fire pit, the responsible persons must cover the cost of repairing it.
- The Owner is not responsible for damage resulting from a failure to follow these rules.
§13 Right to end an event
- The Owner may end an event if:
- these terms are seriously breached;
- there is a safety risk;
- the law is breached;
- a fire hazard is created.
- In such a case, the rental charges are non-refundable.
§14 Parking and access
- Vehicles may only be parked in the designated car park, approximately 150 metres from the Venue.
- Vehicles must not be parked directly next to the shelter, on forest roads, on green areas or anywhere not designated for parking.
- Before the event begins, the Event Organiser may drive to the shelter solely to unload or prepare the event. Once unloading is complete, the vehicle must be moved immediately to the designated car park.
- Vehicles must not be left next to the shelter during the event.
- Traffic and parking in the forest are also governed by applicable law and supervised by the Forest Guard and other authorised services. Breaching these rules may result in a fine or other consequences provided by law.
§15 Contact
If you have questions about the rules for using the Venue, please call +48 501 793 673 or email rezerwacja@wiataborodziej.pl.
§16 Final provisions
- Matters not covered by these terms are governed by the provisions of the Polish Civil Code.
- These terms are available at www.wiataborodziej.pl/en/terms.
- Making a booking means accepting these terms.
