Terms and conditions

PLEASE REVIEW OUR TERMS AND CONDITIONS

 

Terms and Conditions for Osada Widokowa Kościelisko

I. General Provisions

 

This Regulation defines the conditions for making a reservation and renting accommodation in the selected apartment. Making a reservation is tantamount to accepting the provisions of the Regulation. The agreement between the Client and the Lessor is concluded at the moment of making a reservation online, via email, or by phone.

II. Reservation

To make a reservation, the Client books a stay for the selected period. A preliminary reservation confirmation will be sent to the Client’s email address. If the deposit payment is not confirmed within the time specified in the reservation confirmation, the Lessor reserves the right to cancel the reservation.

The reservation confirmation sent by the Lessor includes:

a) The Client's stay dates

b) The amount due for the rental payment

c) Information regarding the amount of the deposit

d) Bank account details

e) General reservation terms

3. After receiving the deposit for the reservation, the client will receive an email confirming the payment and contact details for the receptionist responsible for handing over the keys to the apartment. The deposit, as defined, is non-refundable according to Article 394 of the Civil Code.

4. To guarantee a reservation with flexible booking conditions, a deposit is required:

• 30% of the reservation value at the time of booking.
• 70% of the reservation value 14 days (low season) or 30 days (high season and special dates) before the scheduled arrival.
• For reservations made less than the specified period before the scheduled arrival, 100% of the deposit is required.
• Reservations can be canceled free of charge up to 14 days before arrival. After this period, 100% of the deposit paid will be charged.
• For stays planned during high season and special dates (e.g., holidays, school breaks, long weekends, New Year’s Eve), reservations can be canceled free of charge up to 30 days before arrival. After this period, 100% of the deposit paid will be charged.
• In the case of cancellation, the advance payment will be refunded within 7 days from the date of cancellation notification.

5. Non-refundable offer aimed at those who are certain of their booking and cannot cancel or modify without a cost, but with a guarantee of a lower price. A 100% reservation payment is required.

6. The photos of the apartments provided only represent the category of the apartments and do not guarantee the specific apartment assigned.

III. Rental Agreement Terms

1. Renting the apartment includes all utility charges and disposable items provided in the apartment (cleaning supplies

and toiletries) as well as general services available to the guests of the property.

2. The hotel day starts at 16:00 on the day of arrival and ends at 11:00 on the day of departure.

3. Early access to the apartment on the day of arrival depends on the current occupancy of the property and is considered individually by the Lessor. Regardless of the Lessor's goodwill, early check-in on the day of arrival is not guaranteed in advance. To guarantee early check-in, an additional fee for early access to the apartment must be paid, as determined individually by the Lessor.

4. Extending the hotel stay is subject to the current occupancy of the property and is considered individually by the Lessor. Regardless of the Lessor's goodwill, extending the hotel stay on the day of departure is not guaranteed in advance. To secure a late check-out, an additional fee for the extended stay must be paid, as determined individually by the Lessor.

5. The Lessor provides services in the selected apartment according to its category and standard. If there are any concerns regarding the quality of services, the Guest is requested to promptly report them to the Lessor's service office.

6. The Client is obligated to promptly inform the Lessor of any events that could cause material damage to the property owner or jeopardize the safety of other guests on the premises.

7. The Client may use the apartment only for residential purposes and may not sublet it to others.

8. By reserving the apartment, the Client agrees to the addition of a service fee as specified in the reservation confirmation.

9. A child up to three years old, sleeping in the bed with adults or in their own crib and not requiring additional bedding, incurs no charges for the stay. Other children are charged according to the reservation terms.

10. In Zakopane and Kościelisko, a local tax of 2.50 PLN per person per night is applicable and is not included in the price of the stay.

11. As part of the reservation in selected apartments, the Client is entitled to one free parking space on the property. The management is not responsible for any damage to or loss of the Client's car or other vehicle left in front of the building or in an unguarded parking area.

12. Check-in after 22:00 and check-out before 08:00 should be arranged in advance with the resident responsible for key handover/return or with the reception. Arrivals/departures between 22:00 and 08:00 incur an additional charge of 80 PLN.

IV. Client's Responsibilities

1. The actual number of people staying in the apartment is limited to the number specified in the reservation confirmation. The Client is required to inform the Lessor of any changes in the number of people staying in the rented apartment. If the apartment is used in violation of the reservation terms, the Lessor may refuse to check-in and hand over the keys to the reserved apartment. In such a case, the Client is obligated to pay the full amount of the reservation.

2. The Client is required to notify the Lessor of any additional persons before such a situation arises. The Lessor reserves the right to refuse additional guests if their total number exceeds the technical capacity of the apartment. Additional persons will be charged 100 PLN per person per night.

3. The Client is obligated to observe the rules of good neighborliness. Quiet hours on the property are from 22:00 to 06:00. Failure to adhere to quiet hours will result in immediate eviction from the property without a refund of the paid amount.

4. The Client and their guests are responsible for any damage caused to the rented apartment, common areas, and the property. They are also obligated to promptly notify the Lessor of any damage and are responsible for covering the costs of such damage.

5. The Guest is required to present the Resident with an ID with a photo confirming their identity. If the Guest refuses to provide such documentation in a manner that allows for check-in, the Resident is obligated to refuse to issue the room keys.

6. The Client is strictly required to comply with fire safety regulations on the property.

7. Children are allowed in the playground area (swings, sandbox, trampoline, and other equipment) only under the supervision of parents (or guardians), who are fully responsible for the child.

V. Additional Services

1. Pets are accepted only after prior approval. poinformowaniu recepcji. Obowiązuje dodatkowa opłata w wysokości 40PLN/ doba.

2. A crib for a child is available for an additional fee of 20 PLN per night.

3. Loss of the apartment keys will incur a charge of 200 PLN.

VI. Changes to the Reservation

Modification of the reservation after it has been made is only possible through individual agreement with the Lessor. Approval of the reservation modification will be confirmed via email.

 

VII. Transfer of Client Rights and Obligations to Another Person

The Client may transfer all rights and obligations under the reservation to another person, provided that this person assumes all responsibilities arising from the reservation. In this case, the Lessor must be promptly notified of the change in the reservation holder, including the personal details of the person taking over the rights and obligations under the agreement. The person assuming the reservation must then confirm this transfer via email, updating the reservation with the necessary personal and payment details.

VIII. Force Majeure

1. The parties may be exempt from liability for non-performance or improper performance of the agreement if it results from a force majeure event.

2. For the purposes of the agreement, "force majeure" means any event that prevents the performance of obligations, which is beyond the control of the parties, could not have been foreseen at the time of entering into the agreement, and could not have been avoided, including but not limited to: natural disasters, states of emergency, states of war, new legislation or administrative decisions, technical failures affecting the performance of this agreement, and any other events of a similar nature. If such events prevent any party from properly performing the agreement, the party seeking to be exempt from liability under clause 1 above must promptly notify the other party in writing of the occurrence of the force majeure event justifying such exemption.

IX. Governing Law

The governing law for disputes between the owner and the client is Polish law. Disputes will be resolved by the court competent for the Lessor’s registered office.

X. Processing and Protection of Personal Data

We inform you that Górska Grupa Inwestycyjna Mastalski Matanyj Sp.J, as the data controller, will process the data from bookings to the extent necessary for check-in purposes, to fulfill legal obligations (including tax obligations), and to safeguard its own legally justified interests, such as pursuing any potential financial and non-financial claims and defending against possible claims from other parties.

 

We inform you that you have the right to access, rectify, delete, or restrict the processing of your data, as well as the right to object to processing and the right to data portability. Please note that providing the above data is necessary for the execution of reservation purposes. Failure to provide this data will make it impossible to fulfill check-in objectives. Additionally, you have the right to lodge a complaint with the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw) in relation to the processing of personal data.

 

XI. Monitoring

Monitoring has been installed on the premises of Osada Widokowa Kościelisko.

1. Purpose of Monitoring
1.1. The purpose of monitoring is to enhance the safety of individuals present on the property managed by the housing community and to protect the community's property.

2. Area and Scope of Monitoring
2.1. The recordings from the video surveillance system include only images captured by the cameras; sound is not recorded or stored.
2.2. The area covered by video surveillance includes the grounds around the buildings at Nędzy Kubińca 141-141e in Kościelisko, the main entrances to the buildings, hallways, the communal waste storage room, and other areas that are part of the common property.
2.3. The video surveillance system includes cameras both outside and inside the building, recorders that store images on a disk, monitors for viewing recordings, and a station that receives images from the cameras and recorders. Components of the monitoring system may be improved, replaced, or expanded as necessary.
2.4. The monitored area is marked with pictograms that display images of cameras placed near the monitored locations.

3. Rules for Using Surveillance
3.1. The administrator of the surveillance system is the Housing Community OSADA WIDOKOWA 1 KOŚCIELISKO, located at Nędzy Kubińca 141-141e, Kościelisko.
3.2. The responsibility for the technical condition of the surveillance system, including the servicing and maintenance of the equipment, lies with an external entity with which the Housing Community will sign an agreement for these activities.
3.3. The entity authorized to process personal data, based on a data processing agreement, is the entity managing the common property (property manager). This entity is responsible for the proper functioning of the surveillance system and has direct access to the system's equipment used for recording, storing, sharing, and deleting footage.
3.4. The video surveillance is conducted 24/7.
3.5. The equipment used for recording, viewing, sharing, and deleting footage is secured against unauthorized access in the room located in stairwell number … (access only for individuals authorized by the Housing Community Management).
3.6. The retention period for video surveillance recordings does not exceed 7 days, counting from the date of the recording.
3.7. The property manager is responsible for creating copies of surveillance recordings. The recorded media should be labeled and secured against damage, destruction, loss, unauthorized access, and stored in the office of the Housing Community Management.

4. Access to Surveillance
4.1. Access to video surveillance recordings is granted to the following entities and individuals:
-Members of the Housing Community Management,
-The property manager and employees of the external entity with which the Housing Community has entered into a data processing agreement, who are required to implement appropriate technical and organizational measures to ensure adequate protection of personal data.
-The Data Protection Officer, the Deputy Data Protection Officer, or persons authorized by them.
4.2. Surveillance recordings are made available only upon written request by authorized entities, such as the Police, Prosecutor's Office, or Courts, in relation to their ongoing proceedings.
Surveillance recordings are not made available to individuals, as this could lead to violations of the rights and freedoms of third parties.
4.3. In the case of justified requests from individuals or the aforementioned entities, such as when recordings are to serve as evidence in judicial or administrative proceedings, it is possible to extend the retention period of the recordings for the time necessary to complete the proceedings.
4.4. An individual or entity interested in securing surveillance footage for future proceedings may submit a written request for this purpose. The request to secure the footage addressed to the Board of the Housing Community should be delivered within 3 days from the date the event was recorded by the surveillance system. Requests submitted after this period do not guarantee the preservation of the footage due to potential deletion.
4.5. The request to secure surveillance footage should specify the most accurate date and time of the event; otherwise, it may not be possible to locate the relevant footage.
4.6. A copy of the requested surveillance footage is made by the entity managing the surveillance system (the property manager) upon written request from the Board of the Housing Community. The copy should be properly labeled, including the copy number, the date the copy was made, the source of the data – the scope of the footage, and the date and time of the recording.
4.7. The copy of the footage is stored by the managing entity in a manner that secures it from unauthorized access. The property manager maintains a log of created and provided copies of the footage, which includes the request submission date; copy number; source of the data – scope of the footage, date and time of recording; date of copy creation; details of the person who created the copy; information about the issuance or destruction of the copy; and details of the person receiving the copy.
4.8. The copy is stored for a period of 1 month, subject to the provisions of point 4.5 above. If the copy is not collected by the requester within this period, it will be destroyed.

4.9. The costs of copying and securing the monitoring footage are covered by the requester.

5. Final Provisions
5.1. Personal data recorded by the video surveillance system are protected and do not constitute public information. They are confidential in accordance with data protection regulations and are not to be disclosed to unauthorized parties.
5.2. Persons with access to live footage or archived recordings from the video surveillance system are required to comply with data protection regulations. The Management Board of the Housing Association will issue appropriate authorizations for the processing of personal data and will enter into relevant data processing agreements with external parties.

 

 

 

 

Lessor

 

Górska Grupa Inwestycyjna Mastalski Matanyj Sp. J

Ul. Chyców Potok 26 p.2, 34-500 Zakopane

NIP: 736-173-05-74
 

I consent / do not consent to the sending of commercial information by the Administrator, Górska Grupa Inwestycyjna, located in Zakopane, at Kasprusie 6, in accordance with the Act of July 18, 2002, on Providing Services by Electronic Means.*

I consent / do not consent to the processing of my personal data by the Administrator, Górska Grupa Inwestycyjna, located in Zakopane, at Chyców Potok 26/2, for marketing purposes.*

Providing data in this regard is voluntary. The basis for processing the data is my consent. I have the right to withdraw consent at any time. The withdrawal of consent does not affect the legality of the data processing carried out based on consent before its withdrawal. Personal data will be processed until consent is withdrawn. I have the right to request from the Administrator access to my personal data, its correction, deletion, or restriction of processing, as well as the right to file a complaint with the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw).

We inform you that the data from the registration agreement will be processed by Górska Grupa Inwestycyjna as the administrator for the necessary purposes of registration, fulfilling legal obligations (including tax obligations), and for securing our legitimate interests, including pursuing any potential claims of a financial and non-financial nature and defending against potential claims from other parties. The data will be processed for the duration of the service and for 10 additional years, but not less than until the expiration of the statute of limitations for any potential claims. The data will not be shared with other entities except those performing services directly on behalf of the Administrator. We also inform you that you have the right to access, correct, delete, or restrict the processing of the data, as well as the right to object to the processing of the data.

You have the right to processing, as well as the right to data portability. Please note that providing the above data is necessary for achieving registration purposes, and without it, we will be unable to complete the registration. You also have the right to lodge a complaint with the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw).

On the premises, including in the apartments, in accordance with the Act of April 8, 2010, amending the Act on the Protection of Health against the Effects of Tobacco and Tobacco Products and the Act on the State Sanitary Inspection (Journal of Laws No. 81, item 529) – there is a complete ban on smoking cigarettes and tobacco products.

Violating the ban on smoking cigarettes and tobacco products in the apartment is equivalent to the tenant's consent to cover the cost of deodorizing the room in the amount of PLN 500.

 

 

Procedure for Handling Complaints

at Osada Widokowa Kościelisko

from Individual Customers (Consumers)

 

1. Górska Grupa Inwestycyjna Mastalski Matanyj Spółka, with its registered office at Chyców Potok 26, Apt. 2, Zakopane (34-500), entered in the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XII Economic Division of the National Court Register under the number KRS 0000782149, NIP 7361730574, on behalf of and for which the partners act:

- Kamil Mastalski

- Wojciech Matanyj

(referred to hereinafter as "Apartamenty Osada Widokowa Kościelisko") handles complaints submitted by Clients in the manner and within the timeframes specified in this Procedure, unless otherwise stipulated by the legal relationship (e.g., contract) between the Client and Osada Widokowa Kościelisko.

2. For the purposes of this procedure, a "Client" is considered to be a consumer within the meaning of the Act of April 23, 1964, the Civil Code (Journal of Laws of 2014, item 121), who uses the services provided by Osada Widokowa Kościelisko and submits a complaint.

3. For the purposes of this procedure, a "Complaint" is defined as a written statement submitted by the Client, either by mail or electronically (regardless of the name/title of the document), addressed to Osada Widokowa Kościelisko. This statement concerns a violation of the Client’s rights arising from the use of the services offered by Osada Widokowa Kościelisko. The Complaint should include information that allows for the clear identification of the Client, as well as contact details for the Client and the subject of the Complaint (a detailed description of the Client’s concerns).

4. Complaints in written form should be sent to: Górska Grupa Inwestycyjna Mastalski Matanyj, ul. Kasprusie 6, 34-500 Zakopane. Complaints in electronic form should be sent to the email address: rezerwacja@gorskagrupa.pl

5. The Client should submit the Complaint as soon as possible after becoming aware of circumstances giving rise to reservations, in order to ensure a thorough and effective resolution of the Complaint.

6. Osada Widokowa Kościelisko, upon receiving the Complaint, will take steps to address it. An authorized employee has the right to contact the Client in cases requiring the determination of the factual state involving the Client or to obtain additional information necessary for the proper handling of the Complaint.

7. Complaints are addressed in writing (or via email in response to the complaint sent electronically).

 

8. The response to the complaint will include:

a) Justification of the facts and legal grounds, unless the nature of the allegations does not require it.

b) Information regarding the reported issue, including relevant excerpts from the contract or applicable regulations, unless the nature of the complaints does not require it.

c) identification of the person providing the response.

9. The response to a complaint submitted by the client should be provided as soon as possible, but no later than 14 days from the receipt of the complaint.

10. The decision to grant the Client compensation or issue a refund must always receive approval from the Management of Górska Grupa Inwestycyjna.

Górska Grupa Inwestycyjna Mastalski Matanyj Spółka, with its registered office at Krupówki 4, Zakopane (34-500), entered into the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XII Commercial Division of the National Court Register under the KRS number 0000782149, NIP 7361730574, represented by its partners:

- Kamil Mastalski

- Wojciech Matanyj

11. The payment of a financial claim or other compensation to the Client shall be made promptly, but no later than 30 days from the date of the complaint's acknowledgment, based on the decision of the Management Board.

12. The Client retains the right to file a lawsuit regarding the complaint with a common court, in accordance with applicable laws.

 

 

Child Protection Policy in Osada Widokowa Kościelisko

Preamble  

 

In consideration of the legal obligations arising from the provisions of the Act of May 13, 2016, on counteracting threats related to sexual offenses and protecting minors, and the guidelines of the United Nations concerning business and human rights, recognizing the significant role of business in ensuring the respect for children's rights, Osada Widokowa Kościelisko adopts a Child Protection Policy. This document constitutes a set of principles and procedures to be followed in cases where there is suspicion that a child staying at Osada Widokowa Kościelisko is being harmed, as well as to prevent such risks, including considerations for children with disabilities and those with special educational needs.

The Child Protection Policy at Osada Widokowa Kościelisko is implemented based on the following principles:

 

 

1. Osada Widokowa Kościelisko conducts its operations with respect for the rights of children as individuals particularly vulnerable to harm.
2. Osada Widokowa Kościelisko recognizes its role in conducting socially responsible business and promoting desirable social attitudes. Osada Widokowa Kościelisko particularly emphasizes the importance of the legal and social obligation to report any suspicion of a crime against children to the authorities and is committed to training its staff in this regard.

 

Glossary:

For the purposes of this document, the following terms are defined as follows:

1. Tourist facilities – hotel facilities and other facilities where hotel services are provided as defined in the Act of August 29, 1997
   on hotel services and the services of tour guides and tourist guides.
2. Child/minor - For the purposes of this Policy, a child is considered to be any person who is under 18 years of age.[1]
3. Child's guardian – the child's legal representative: parent or guardian; foster parent; temporary guardian (i.e. a person authorized to represent a minor citizen of Ukraine who is staying on the territory of the Republic of Poland without adult supervision)[2]
4.  Strange adult is any person over 18 years of age who is not the child's parent or legal guardian.
5. Harming a child - should be understood as behavior that may constitute a prohibited act to the detriment of a child by any person,
   including a staff member of a tourist facility, or endangering the well-being of a child, including child neglect; any intentional or unintentional act/omission of an individual, institution or society as a whole and any result of such action or inaction that infringes rights, freedoms
    i dobra osobiste dzieci i/lub zakłócają ich optymalny rozwój.
6. Forms of violence against children:

• Physical violence against a child is violence as a result of which the child suffers actual or is potentially at risk of physical harm. This harm occurs as a result of an action or omission on the part of a parent or other person responsible for the child, or whom the child trusts, or who has authority over the child. Physical violence against a child may be a repeated or one-off activity.
• Psychological violence Child abuse is a chronic, non-physical, harmful interaction between a child and a caregiver, including both acts and omissions. This includes, among others: emotional unavailability, emotional neglect, a relationship with the child based on hostility, blaming, denigration, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to notice or recognize the child's individuality and mental boundaries between parent and child.
• Child sexual abuse is involving a child in sexual activity to which he or she is unable to fully understand and give informed consent and/or to which he or she is not developmentally mature and cannot consent in a legally valid manner and/or which is inconsistent with the legal or moral norms of a given society. Sexual abuse occurs when such activity occurs between a child and an adult or a child and another child, if these people, due to their age or level of development, remain in a relationship of care, dependence, and power. Sexual exploitation may also take the form ofsexual exploitation, which is any actual or attempted abuse of a position of vulnerability, advantage, or trust for sexual purposes, including, but not limited to, financial, social or political from sexual exploitation of another person. There is a particular risk of sexual exploitation during humanitarian crises. The risk of exploitation exists both for children and their guardians (definition after UN Bulletin ST/SGB/2003/13).
• Child neglect is the chronic or incidental failure to meet the child's basic physical and mental needs and/or failure to respect his or her basic rights, causing health disorders and/or development difficulties. Neglect occurs in the child's relationship with the person who is obliged to care, raise, care for and protect the child.

1. Crime to the detriment of a child - all crimes that can be committed against adults may be committed to the detriment of children, and additionally crimes that can only be committed against children (e.g. sexual abuse under Article 200 of the Codec) criminal^[3]). Due to the specificity of accommodation facilities in which isolation can be easily obtained, the crimes that may most often occur there will be crimes against sexual freedom and decency, in particular rape (Article 197 of the Penal Code), sexual abuse of insanity and helplessness (Article 198 of the Penal Code), sexual exploitation of dependence or a critical situation (Article 199 of the Penal Code), sexual exploitation of a person under 15 years of age (Article 200 of the Penal Code), grooming (seduction of a minor by means of distance communication - Art. 200a of the Penal Code).
2. Forms of harm to a child other than committing a crime to its detriment - all forms of violence used against a child that do not meet the criteria of a crime prosecuted by public prosecution (e.g. shouting, humiliation, pulling, calling names, neglecting needs, etc. ).
3. Anemployee is a person employed under an employment contract or performing work under a similar contract (e.g. commission, B2B, contract for specific work), as well as an intern, trainee, volunteer, etc.
4. An employee employed to work with childrenis any person performing or delegated to perform tasks related to upbringing, education, recreation, treatment, providing psychological advice, spiritual development, practicing sports or pursuing other interests of minors, or with taking care of them.
5. Entrepreneur or farmer – body/entity/person managing a given tourist facility or network of facilities, responsible for the proper functioning of the facility in formal terms.

 

 

 

 

CHAPTER I. FACILITY EMPLOYEES

 

General rules

1. Osada Widokowa Kościelisko undertakes to educate its employees about circumstances indicating that a child staying at the facility may be harmed and about ways to quickly and appropriately respond to such situations. The facility can implement the above-mentioned education through various forms of training, e.g.: external and internal training, e-learning, educational materials developed by the hotel and available to employees, educational materials available free of charge, developed by other organizations.
2. Before being allowed to work, each employee is familiarized with the Child Protection Policy, which is confirmed by submitting a declaration and committing to comply with the principles and procedures contained in this document. Appendix No. 1
3. Employees employed to work with children are subject to periodic training, which is documented by the employer.
4. Osada Widokowa Kościelisko undertakes to take into account the situation of children with disabilities and children with special educational needs, adapting the guidelines
   from Annex No. 12, to the specificity and scope of operation of the facility.

 

Employing people to work with children

1. People working with children must demonstrate in their employment history that they have not harmed any child in the past.
2. Each person employed/delegated by Osada Widokowa Kościelisko to work with children must be checked in the Register of Sexual Offenders, this also applies to minor employees, i.e. under 18 years of age. Checking a person in the Register is done by printing the results of searching for a person in the Register with limited access, which is then inserted into the personal file of the person being checked. The scope of personal data necessary to check a person in the Register is included in Appendix No. 3
3. In addition, each person employed/delegated to work with children must provide information from the National Criminal Register regarding crimes specified in Chapters XIX and XXV of the Penal Code, in Art. 189a and art. 207 of the Penal Code and in the Act of 29 July 2005 on counteracting drug addiction (Journal of Laws of 2023, item 172 and of 2022, item 2600), or for prohibited acts corresponding to these crimes specified in the provisions of foreign law .
4. If the employed/delegated person has citizenship other than Polish, he or she should also submit information from the criminal register of the country of which he or she is a citizen, obtained for the purposes of professional or voluntary activity related to contact with children, or information from the criminal register if the law of that country does not provide for issuing information for the above-mentioned purposes.
5. The employed/delegated person must also provide a declaration of the country/s of residence for the last 20 years, other than the Republic of Poland and the country of citizenship, submitted under pain of criminal liability. Appendix No. 4
6. If the law of the country from which information about the criminal record is to be submitted does not provide for the issuance of such information or does not maintain a criminal record, then the employing/delegated person shall submit a declaration of this fact under penalty of criminal liability. Załącznik nr 5
7. Declarations submitted under pain of criminal liability include the following declaration: "I am aware of criminal liability for submitting a false statement." This declaration replaces the authority's instruction on criminal liability for submitting a false declaration.
8. When using the services of external entities, Osada Widokowa Kościelisko includes:
9. An appropriate provision in the contract with this entity, which will enable Osada Widokowa Kościelisko to enforce an appropriate standard in checking employees by this entity in terms of their safety for children. The provision will enable Osada Widokowa Kościelisko to control the fulfillment of the obligation under pain of immediate termination of the contract and contractual penalty or other sanctions related to failure to meet the terms of the contract in this respect.

 

Scope of competences and responsibilities of persons designated to implement the Child Protection Policy in the Osada Widokowa Kościelisko

1. Supervision over the application of the Child Protection Policy is carried out by the Entrepreneur or farmer.
2. The entrepreneur or farmer appoints a child protection policy coordinator (hereinafter referred to as the "Coordinator").
3. The Coordinator is the person responsible for familiarizing employees with the content of the Child Protection Policy and monitoring its application at the [Facility/Hotel/Network].
4. The coordinator organizes and documents the process of educating employees in the field of recognizing symptoms that a child staying in the facility may be harmed and how to quickly and appropriately respond to such situations, in accordance with the procedures adopted by the facility.

The coordinator describes each intervention or reported incident related to child abuse on the premises in a document that is created for this purpose (e.g. event log or intervention register).

5. In the event of a justified suspicion that a crime has been committed, the Coordinator is responsible for securing evidence, including monitoring recordings, and forwarding them at the request of the services.
   in the form of a copy by registered mail or in person to the prosecutor or the police.
6. The coordinator is responsible for conducting the procedure in a situation where a child has been harmed by an employee of the facility or another adult who is not directly employed by Osada Widokowa Kościelisko but by a third party.
7. The coordinator is responsible for monitoring and updating the Child Protection Policy and its availability among employees, other entities cooperating with the facility and guests.
8. The coordinator's details are available to all employees and guests of the facility, including children. The data must include information on how to contact the Coordinator (e-mail address, telephone number, availability: days
   and working hours).

 

Principles of safe employee-child relationships

1. all employees of Osada Widokowa Kościelisko, as well as other adults who have contact with children on the premises of the facility, if this contact takes place with the consent of the facility, are obliged to apply the following rules.
2. The guiding principle of all activities undertaken by employees who have contact with children in the Kościelisko View Settlement is to treat the child with respect and take into account his or her dignity and needs.
3. It is unacceptable for employees and other adults to use any form of violence against a child.

 

1. Behaviors and practices expected of employees

• Be patient and respectful when communicating with your child.
• Listen carefully to the child and give him answers appropriate to his age and the given situation. When communicating with your child, try to keep your face at the level of the child's face.
• Assure your child that if he or she feels uncomfortable with a situation, he or she can tell you or another person and get help.
• Inform your child where the Child Protection Policy in Osada Widokowa Kościelisko is available in a version he or she understands. Assure them that if they have any questions, they can contact you or another designated person.
• Maintain equal treatment of children regardless of their gender, sexual orientation, ability/disability, social status, ethnicity, culture, religion and worldview.
• Take care of a safe space. If there are children in the area where you are working, make sure that equipment and supplies are used as intended and that the environment is safe (pay attention to window and staircase guards, limited access to busy roads, open water, etc.).
• If you see a child/children left unattended and the situation may indicate a threat to the child's safety, take action to locate the parent/guardian.

 

1. Unacceptable behavior and practices by employees towards children in the facility

• You must not shout, embarrass, humiliate, disrespect or insult the child.
• You must not hit, poke, push or in any way violate the child's physical integrity, unless there is a threat to the child's health or life.
• You must not engage in any romantic or sexual relationship with your child or make inappropriate propositions to your child. This also includes sexually explicit comments, jokes, gestures and sharing erotic and pornographic content with children regardless of its form.
• You are not allowed to record the child's image for private or business purposes (recording, photographing) without the consent of the child's parents/guardians and the consent of the child himself. This also applies to allowing third parties to record images of children. The exception is when the child's image is only a detail of the whole, such as a gathering, landscape, public event, then the consent of the child's parent/guardian is not required.
• You are not allowed to contact the child through private communication channels (private phone, e-mail, instant messaging, social media profiles) or meet the child outside the workplace.
• You must not offer your child alcohol, tobacco products or illegal substances.
• Never touch your child unless they want to or in a way that might be considered obscene or inappropriate.

 

If you witness any of the above-described behaviors and/or situations from other adults or children, always inform the person responsible at the property for implementing and monitoring the Child Protection Policy or your immediate supervisor:Sabina Home +48 696 651 105

 

 

CHAPTER II. PROCEDURE FOR IDENTIFYING A CHILD WHEN REGISTERING AT THE RECEPTION

 

1. One of the forms of effective prevention of child abuse is to determine the identity of a child staying in a tourist facility and his/her relationship with the adult with whom he or she is staying in the facility.
2. The receptionist takes all possible steps to identify the child and his/her relationship with the adult who accompanies the child.
3. Aby dokonać identyfikacji dziecka i jego relacji w stosunku do osoby, z którą przebywa w obiekcie, należy:
   1. poprosić o dokument tożsamości dziecka lub inny dokument potwierdzający, że osoba dorosła ma prawo do sprawowania opieki nad dzieckiem. Przykładowe dokumenty mogące posłużyć identyfikacji to: dowód osobisty, legitymacja szkolna, aplikacja MObywatel, Internetowe Konto Pacjenta, orzeczenie sądu. W przypadku braku dokumentu tożsamości lub odmowy jego okazania należy poprosić o podanie danych dziecka (np. imię, nazwisko, adres, datę urodzenia).
   2. W przypadku braku dokumentów wskazujących na pokrewieństwo dziecka i osoby dorosłej lub odmowy ich okazania należy zapytać o tę relację osobę dorosłą oraz dziecko. Przykładowy schemat rozmowy
      z dorosłym i dzieckiem znajduje się w Załączniku nr 2.
   3. Jeżeli osoba dorosła nie jest rodzicem lub opiekunem prawnym dziecka, powinna zostać poproszona o okazanie dokumentu np. zgody rodzica na podróżowanie danej osoby z dzieckiem sporządzonej w formie pisemnej z podpisem urzędowo poświadczonym przez notariusza lub zgody podpisanej przez rodzica dziecka wraz ze wskazaniem danych dziecka, adresu jego zamieszkania, kontaktem telefonicznym do rodzica
      i numerem dokumentu tożsamości/numerem PESEL osoby, której rodzic powierzył opiekę nad dzieckiem. Jeśli osoba dorosła nie posiada żadnego z ww. dokumentów, należy poprosić ją o wypełnienie stosownego oświadczenia, zgodnie ze wzorem przygotowanym przez obiekt turystyczny. Oświadczenie powinno zawierać dane dziecka i dane dorosłego, z którym dziecko przebywa, wraz ze wskazaniem relacji jaka występuje pomiędzy dzieckiem a dorosłym. W przypadku gdy osoba dorosła nie jest rodzicem ani opiekunem prawnym dziecka, powinna oświadczyć, iż rodzice/opiekunowie prawni wyrazili zgodę na opiekę nad dzieckiem.
4. In the event of an adult's refusal to present the child's document and/or indicate the relationship, it should be explained that the procedure is intended to ensure the safety of children using Osada Widokowa Kościelisko, and that, in accordance with the provisions of the Act of May 13, 2016, facility employees must comply with the provisions regarding children's rights. Once the matter has been resolved in a positive manner, thank them for taking the time to make sure the child is well cared for.
5. If the conversation does not dispel doubts regarding the suspicion of the adult and his or her intention to harm the child, and especially if he or she refuses to show an identity document or make a statement containing the child's data, the supervisor and security staff should be discreetly notified (if they are on the premises at that time). facility), in such a way as not to arouse suspicion (e.g. you can invoke the need to use the equipment at the reception desk by asking an adult to wait with the child in the hall, restaurant or other place.)
6. From the moment the first doubts arise, both the child and the adult should, if possible, be within sight of the tourist facility employee and should not be left alone.
7. A supervisor who has been notified of the situation takes over the conversation with the suspected adult to obtain further clarification.
8. If the conversation confirms the belief that there is an attempt or commission of a crime to the detriment of the child, the superior notifies the police about this fact. The procedure continues to apply as in the case of circumstances indicating harm to a child (see Chapter III). 
9. If employees of other departments of Osada Widokowa Kościelisko witness unusual and/or suspicious situations, e.g. cleaning service, room service, bar and restaurant employees, relaxation zone employees, security staff, etc., they should immediately notify their supervisor, and in the event of his/her absence - a decision-maker who will take appropriate action (see points 7 and 8 above).
10. Depending on the situation and place, the superior verifies to what extent the suspicion of child abuse is justified. For this purpose, it selects appropriate measures to clarify the situation or decides to intervene and notifies the police.

 

 

CHAPTER III. PROCEDURE IN CASE OF CIRCUMSTANCES INDICATING ABUSE OF CHILD BY AN ADULT

 

1. There is reasonable suspicion of child abuse when:

1. 1. the child disclosed the fact of abuse to an employee of the facility,
   2. the employee observed abuse,
   3. dziecko ma na sobie ślady krzywdzenia (np. zadrapania, zasinienia),
      a zapytane odpowiada niespójnie i/lub chaotycznie lub/i popada
      w zakłopotanie bądź występują inne okoliczności mogące wskazywać na krzywdzenie np. znalezienie materiałów pornograficznych z udziałem dzieci w pokoju osoby dorosłej.

1. An employee who has reasonable suspicion that a child staying at the facility is or has been harmed should immediately notify the supervisor/decision-maker, who notifies the police. In the event of an existing threat to the child's safety, an employee who has reasonable suspicion that the child has been harmed immediately notifies the police by calling 112 and describing the circumstances of the incident. Notwithstanding the above, the Employee shall notify the Osada Widokowa Kościelisko Coordinator of the incident.
2. Efforts should be made to make it difficult or even impossible for the child or the person suspected of child abuse to leave the facility.
3. In the case specified in the Code of Criminal Procedure, a citizen may arrest a suspected person. In such a situation, until the police arrive, the detained person remains under the supervision of security guards or other hotel employees who can perform such activities without endangering their health or life.
4. In all cases, you must ensure your child's safety. If possible, the child should remain under the care of an employee until the police arrive. If possible, you should try to support the child (Appendix 10).
5. If there is a justified suspicion that a crime has been committed involving the child's contact with the perpetrator's biological material (sperm, saliva, epidermis), the child should, if possible, not be allowed to wash or eat/drink until the police arrive. You should explain to your child why such restrictions have been imposed on him or her.
6. After the child is taken over by the police, the monitoring material and other relevant evidence (e.g. documents) regarding the incident should be secured and handed over to the Coordinator who, at the request of the services, will send a copy of it by registered mail or in person to the prosecutor or the police.
7. Po interwencji należy zgłosić zdarzenie Koordynatorowi, który opisuje je
   in the event log or other document intended for this purpose.

 

 

CHAPTER IV. PROCEDURE IN CASE OF SUSPECTED OR FOUNDED ABUSE OF CHILD BY AN EMPLOYEE/OTHER ADULT

 

1. In the event of suspicion of child abuse by an employee or another adult who is not directly employed by Osada Widokowa Kościelisko but by a third party, the person who received this information should immediately inform the Coordinator and, in his absence, another person designated for this purpose. .
2. If the life or health of a child is at risk, the person who became aware of this should immediately notify the police by calling the emergency number 112, providing their own data, the child's data (if possible), the child's place of residence and a description of the circumstances of the case, and notify supervisor/decision maker who notifies the child's guardians/parents. The person who learned about the incident also informs the Coordinator, at least in e-mail/written form.
3. If an employee has committed a form of abuse against a child other than committing a crime to its detriment, the Coordinator, after receiving the information, should investigate all the circumstances of the case, in particular by listening to the employee suspected of abuse and other witnesses of the incident. In a situation where the violation of the child's best interests is significant, in particular when discrimination or violation of the child's dignity has occurred, the Coordinator should recommend to the person managing the facility appropriate personnel actions in relation to this employee.
4. If the person who committed harm is not directly employed by Osada Widokowa Kościelisko, but by a third party (e.g. outsourcing), then it should be recommended that he or she be banned from entering the premises of Osada Widokowa Kościelisko and, if necessary, terminate the contract with the third party.

 

 

CHAPTER V. PROCEDURE IN CASE OF FINDING THE USE OF OTHER FORMS OF VIOLENCE AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN/OTHER ADULT

 

1. If a parent/legal guardian or another adult with whom the child is staying on the premises is found to be harming a child, any employee who witnesses such harm should respond decisively.
2. If the life or health of a child is at risk, the person who became aware of this should immediately notify the police by calling the emergency number 112, providing their own data, the child's data (if possible), the child's place of residence and a description of the circumstances of the case, and notify supervisor/decision-maker. The person who learned about the incident also informs the Coordinator, at least in e-mail/written form.
3. If an employee of the facility witnesses physical violence committed against a child (spanking, pulling, screaming, others listed in the definition of physical violence), he or she should try to stop the harm and react. Possible forms and ways of responding to harmful behavior of a parent/guardian/other adult towards a child are included in Annex 11.
4. If a child under 7 years of age is left unattended, the employee who becomes aware of such an incident should notify his or her superior. The superior who has been notified about the situation decides on further action, in the context of the provisions of the Penal Code and the Petty Offenses Code^[4]. Depending on this context, the supervisor attempts to locate the parent/legal guardian or other adult with whom the child is staying on the premises and explains that he or she cannot leave the child unattended. In a situation where it is not possible to find the parent/legal guardian or other adult with whom the child is staying at the facility, or the parent/legal guardian/other adult is unwilling and/or unable to take over the care of the child, the supervisor notifies fact the police.
   In all cases, ensure the child's safety.

 

CHAPTER V: MONITORING AND EVALUATION OF CHILD PROTECTION POLICY

 

1. The entrepreneur or farmer appoints a Coordinator responsible for the Child Protection Policy applied at Osada Widokowa Kościelisko and places his contact details in a place easily accessible to hotel staff and guests, including children.
2. The entrepreneur or farmer determines the scope of tasks and competences of the Coordinator in terms of preparing employees to apply the provisions of the Child Protection Policy, the rules for preparing employees to apply them and the method of documenting these activities
3. The coordinator referred to in the preceding point monitors and evaluates the Child Protection Policy once every two years.
4. Monitoring and evaluation include verifying the implementation of the Child Protection Policy, responding to signals of violation of rules and procedures and proposing changes to the document, especially in terms of adapting them to current needs and compliance with applicable regulations.
5. Once every two years, the coordinator conducts a survey among the employees of Osada Widokowa Kościelisko to monitor the level of implementation of the Child Protection Policy. The survey template is attached as Appendix 6.
6. In the survey, employees can propose changes and indicate violations of the rules and procedures of the Child Protection Policy at Osada Widokowa Kościelisko.
7. The coordinator prepares surveys completed by employees and prepares a monitoring report on this basis, which is then forwarded to the Entrepreneur or farmer. The entrepreneur or farmer introduces the necessary changes to the document and announces the new wording of the Child Protection Policy to employees.

Final provisions

1. The child protection policy enters into force on August 15, 2024.
2. The child protection policy is made available to all employees by posting it on the Osada Widokowa Kościelisko website and at the reception.
3. The child protection policy is made available to adult guests of Osada Widokowa Kościelisko on the website of Osada Widokowa Kościelisko and at the reception.

The child protection policy is made available in an understandable and abbreviated version for children staying at Osada Widokowa Kościelisko in a place accessible and visible to them.

 

[1] According to Polish law, a child is any person under the age of eighteen (Article 1 of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989). A minor is a person who has not reached the age of majority, i.e. a person up to the age of 18 or a woman who obtained the age of majority by entering into marriage after the age of 16 (Article 10 § 1 and 2 of the Civil Code), which may take place with the permission of the guardianship court for important reasons. reasons and if the circumstances show that entering into marriage will be consistent with the good of the established family (Article 10 § 1 of the Family Code).

[2] Parents - art. 98 of the Family and Guardianship Code; Guardian - art. 155 of the Family and Guardianship Code; foster parent - art. 1121 of the Family and Guardianship Code; temporary guardian; art. 25 of the Act on assistance to citizens of Ukraine in connection with an armed conflict on the territory of this country.

^[3] Act of June 6, 1997, Penal Code (consolidated text: Journal of Laws of 2022, item 1138, as amended).

^[4] Penal Code art. 160 par.1 and 2; art. 210 par.1, Petty Offense Code Art. 106