Next Door

REGULATIONS – CONDITIONS FOR CONCLUDING A DISTANCE RENTAL AGREEMENT AND USING THE NEXTDOOR KRAKÓW HOUSE

The terms used in the Regulations have the following meanings:

  1. Real estate – real estate located in Krakow at al. 3 Maja 47b, developed with an 8-story Nextdoor Krakow building.

  2. Nextdoor Kraków – part of the Property with a collective housing function, located on floors 0 to 6.

  3. Common Areas – parts of Nextdoor Kraków designated for shared use by users of rooms in Nextdoor Kraków.

  4. Rent – monthly rent, specified in paragraph 3, point 1 of the Lease Agreement, payable under the terms and conditions specified in § 7 of the Regulations.

  5. Acceptance Day – the first day of the Rental Period specified in the Agreement.

  6. Deposit – cash paid by the Tenant as security for the Landlord’s claims related to the Agreement, corresponding to the amount of two months’ Rent increased by the amount of the appropriate fee specified in § 9 section 6 of the Regulations, but not less than PLN 1,000.00 (in words: one thousand zlotys), the exact amount of which, together with the account number, will be indicated to the User in accordance with the Regulations.

  7. Administrative Fee – a fee for cleaning and disinfecting the Room or apartment in the amount of PLN 260.00 (two hundred sixty zlotys 00/100), subject to § 9 section 6 of the Regulations, payable each time the Agreement is concluded, unless otherwise stated in the Regulations; the Administrative Fee is not subject to settlement.

  8. LessorRESIDE ETUDES POLSKA, a limited liability company, with its registered office in Warsaw (02-781), at ul. Rtm. Witolda Pileckiego 67/200, entered into the register of entrepreneurs of the National Court Register, maintained by the District Court for the capital city of Warsaw in Warsaw, XIIth Commercial Division of the National Court Register, under the KRS number 0000914902, REGON number: 389752780, NIP number: 7011048296, company telephone number: +48 666 618 235, address for service: al. 3 Maja 47b, 30-304 Kraków; e-mail address: krakow@nextdoor-housing.pl .

  9. Tenant – a person using the Room or apartment under the Agreement who is at least 16 years of age.

  10. Rental Period – the period during which the User is entitled to use the Room or apartment in accordance with the Regulations, selected by the User when concluding the Agreement and indicated in the Agreement, not longer than twelve (12) months.

  11. Room or apartment – a room indicated by the Landlord or Manager in Nextdoor Kraków, which the Tenant is entitled to use under the Agreement, together with the equipment specified in the Room Card.

  12. Website – internet portal at https://nextdoor-housing.pl/

  13. Service Provider – owner of the Website.

  14. Force Majeure – means an extraordinary event, existing or likely to occur in the future, that affects the performance of the Agreement and that: (i) is caused by reasons beyond the control of either Party, (ii) could not have been foreseen at the time the Agreement was concluded, and (iii) the consequences of which could not have been prevented, even after all reasonable steps had been taken to avoid such events. The Parties will not consider events resulting from the ongoing Covid-19 (SARS-CoV-2) epidemic to be Force Majeure.

  15. State of Epidemic – the ongoing state of epidemic of Covid-19 (SARS-CoV-2 virus) on the territory of the Republic of Poland pursuant to the Regulation of the Minister of Health or another body or on another legal basis, together with its consequences, including prohibitions and orders for specific actions introduced in legal acts issued by public bodies of the European Union or the Republic of Poland, as well as guidelines (Ministry, etc.) and recommendations introduced by state administration bodies (Chief Sanitary Inspector, etc.).

  16. Party – the Landlord or Tenant (User), as applicable. It is hereby stipulated that a natural person under 16 years of age cannot be a Tenant’s Party to the Agreement. However, in order to conclude an Agreement with a Tenant who is over 16 but under 18 years of age, the consent or confirmation of the Agreement by a legal representative is required in accordance with applicable law.

  17. Parties – the Lessor and the Tenant (User) jointly.

  18. Regulations – these regulations, which constitute, among other things, the conditions for concluding a distance rental agreement for a space on Nextdoor, and if the conditions referred to in § 4 of the Regulations are met, these Regulations also constitute an integral part of the Agreement concluded by the Parties.

  19. Agreement – a rental agreement for a Room or an apartment in Nextdoor Kraków, concluded in accordance with § 2 of the Regulations;

  20. Room Card – List of equipment of the rented room along with a price list.

  21. Protocol – a written handover and acceptance protocol drawn up upon receipt and return of the Room or apartment.

  22. Manager – the entity appointed by the Landlord to perform the Landlord’s duties on an ongoing basis, including, in particular, Nextdoor Kraków security, administration, and ongoing repairs. If the Landlord appoints a Manager, these Terms and Conditions also refer to the Manager as the Manager. The Manager is also authorized to enter into Agreements and make all declarations based on or in connection with the concluded Agreements.

§ 1. Subject of the Agreement

  1. By taking the actions specified in these Regulations and under the conditions specified therein, the Landlord rents, and the Tenant accepts, the Room or apartment for the purpose of residing therein for the Lease Period, subject to the changes referred to in § 9 section 1 of the Regulations.

  2. Depending on the Rental Period selected by the User, the User is obliged to accept the Room or apartment on the Acceptance Day, unless the Parties agree otherwise in writing.

  3. The Agreement is concluded in writing, at the Property or at another place agreed by the Parties.

  4. Rooms or apartments on Nextdoor Kraków are available for single or multi-occupancy use. In the case of multi-occupancy rooms or apartments, other people besides the Tenant are authorized to use them, in the number indicated in the room or apartment description posted on the Website. The room or apartment description posted on the Website also includes other apartment or room parameters that are binding on the Parties. The Tenant selects the room or apartment type in the Application. The Landlord is not responsible for the selection of co-occupant(s) authorized to use the room or apartment, and therefore the Tenant selects the room or apartment at their own risk.

  5. The Room or apartment will be accepted based on a Protocol signed by the Parties on the Acceptance Date. The signing of the Protocol by the Parties constitutes acceptance of the leased property by the Tenant. Upon acceptance of the Room or apartment, the Tenant will receive one (1) set of keys. Any loss of keys must be reported to the Landlord immediately. For the loss or destruction of: a. keys, the Landlord will charge the Tenant a fee of PLN 200; and/or b. a key tag/access card, the Landlord will charge the Tenant a fee of PLN 100.

  6. The Tenant is obliged to pay the fees specified in § 1 section 5 letters a.-b. to the Landlord when the Landlord hands over to the Tenant a new set of keys and/or a pendant/key fob to the Room or apartment equipment is specified in the Protocol and corresponds to the standard of the Room or apartment selected by the Tenant when filling out the Application.

  7. When renting a Room or apartment, the Tenant is entitled to: a. co-use the Common Areas, under the terms and conditions specified in § 5 of these Regulations, b. use the Internet, under the terms and conditions specified in § 6 of these Regulations.

  8. The Room or apartment number is assigned during the Agreement conclusion procedure specified in § 2 of the Regulations. The allocation of a Room or apartment within Nextdoor Kraków during the Lease Period may be subject to change based on a declaration submitted to the Tenant by the Landlord or Manager 7 days in advance, or less in the event of justified circumstances unknown to the Landlord at the time of transfer of the Room or apartment to the Tenant, such as the need to carry out construction or renovation work, a breakdown, or the need for disinfection. The standard and equipment of the Room or apartment to which the Tenant will be relocated will remain unchanged. The Tenant is obligated to comply with the designated deadline for changing the rented room within Nextdoor Kraków. A change made under this section does not constitute a change to the content of the Agreement between the Parties regarding the subject matter of the Agreement, resulting in the possibility of termination by the Tenant.

§ 2. Conclusion of the Agreement

  1. The Agreement is concluded by performing the following actions:

  2. The User makes a reservation via the website, by phone or in person, selecting the Rental Period and the type of Room or apartment

  3. The User provides personal data necessary to conclude the Agreement,

  4. After completing the reservation form, the Renter will receive a reservation confirmation to the e-mail address provided by him, no later than two (2) business days from completing the reservation form.

In the event of a lack of available places in Nextdoor Kraków, a System failure beyond the control of the Lessor or other extraordinary circumstances preventing the conclusion of the Agreement, the Lessor will not be obliged to conclude the Agreement, about which the User will be informed by e-mail within two (2) business days of payment of the Deposit and the Administrative Fee (§ 2.1 of the Regulations) or payment of the Administrative Fee (§ 2.2 of the Regulations) or receipt by the User of an e-mail with reservation details (§ 2.3 of the Regulations).

  1. In order to conclude the Agreement, the User pays: a. the Administrative Fee, subject to point g) below, and b. a Security Deposit depending on the selected rental option in the full amount or, in the event of the circumstances described in point f) below, the missing part indicated by the Lessor. Payment of the Security Deposit and the Administrative Fee is made to the Lessor’s bank account within the time limit specified in the Application. The Parties may, by agreement, agree on other deadlines for payment of the Security Deposit and the Administrative Fee by the User.

  2. If the User seeking to conclude the Agreement in the manner described in this paragraph has already paid cash as a deposit for a lease agreement for another Room or apartment located in Nextdoor Kraków or for the same Room or apartment, and the Agreement is concluded for another, immediately following, specified lease period, the User is obliged to pay the Deposit only in the amount corresponding to the difference between the full amount of the Deposit appropriate for the Agreement and the amount of the deposit paid for the previous lease agreement, the refund of which would be made pursuant to § 9, section 5 of the Regulations.

By concluding the Agreement in accordance with the Regulations, the User also consents to the Landlord possibly counting the previously paid and refundable deposit towards the Security Deposit.

The User will be informed by the Landlord of the amount of the missing portion of the Deposit no later than fourteen (14) days after the end of the previous lease agreement, and the User is obligated to pay the indicated missing portion of the Deposit within the next two (2) days. Within this period, the User may dispute the amount of the missing portion of the Deposit indicated by the Landlord, which must be done in writing. If the User successfully disputes the amount of the missing portion of the Deposit indicated by the Landlord, the provisions of this section shall not apply, and therefore the deposit paid towards the previous lease agreement shall be settled in accordance with the Regulations and applicable law. In order to conclude the Agreement, the User is then obligated to pay the full amount of the Deposit within two (2) days of notifying the Landlord of the disputed amount of the missing portion of the Deposit.

The provisions of § 2 section 1 letter f) shall not apply if the User concludes an additional rental agreement, i.e. intends to rent more than one Room or apartment.

  1. The Landlord reserves the right to waive the collection of the Administrative Fee from the Tenant or potential new Tenant. In such a case, payment of the Administrative Fee is not a condition of entering into the Agreement.

  2. Unless otherwise provided in the Regulations, the conclusion of the Agreement is conditional upon the Tenant paying the Security Deposit and the Administrative Fee within the timeframe specified in the Regulations. If the Tenant fails to pay the Security Deposit and the Administrative Fee within the timeframe specified in the Regulations, the Agreement will not be concluded and the Landlord may offer the Room or apartment specified in the Agreement to another potential tenant.

The final conclusion of the Agreement takes place:

  • for Agreements concluded without the procedure specified in paragraph 1 letter f) above: in the event of the joint fulfillment of the following conditions: (i) payment of the Deposit, ii) payment of the Administrative Fee and (iii) failure of the Lessor to inform the User about the impossibility of concluding the Agreement due to the lack of available places, a System failure beyond the control of the Lessor or other extraordinary circumstances preventing the conclusion of the Agreement – within the next two (2) business days from the date of payment of the Deposit and the Administrative Fee.

  • for Agreements concluded taking into account the procedure specified in paragraph 1 letter f) above and the need to pay the Administrative Fee: in the event of the joint fulfillment of the following conditions: i) payment of the Administrative Fee and (ii) failure of the Lessor to inform the User about the impossibility of concluding the Agreement due to the lack of available places, a System failure beyond the control of the Lessor or other extraordinary circumstances preventing the conclusion of the Agreement – within the next two (2) business days from the date of payment of the Administrative Fee.

  • for Agreements concluded taking into account the procedure specified in section 1 letter f) above and the exemption of the Tenant from the obligation to pay the Administrative Fee: in the event of the Lessor failing to inform the User about the impossibility of concluding the Agreement due to the lack of available places, a System failure beyond the Lessor’s control or other extraordinary circumstances preventing the conclusion of the Agreement – within the next two (2) business days of the User receiving an e-mail with the reservation details.

  1. The Lessor reserves the right to refuse to conclude the Agreement if any circumstances arise during the term of the previous agreement between the Parties that constitute grounds for termination of the Agreement without notice, as referred to in § 9 section 2 letter ah. The Lessor will inform the User of the exercise of the right of refusal via email. Furthermore, the Agreement is deemed not to have been concluded when the Agreement conclusion process described in § 2 is completed by a User/Tenant under 16 years of age, regardless of any subsequent consents or confirmations of the conclusion of the Agreement by a legal representative.

  2. Keys to the appropriate Room or apartment will be issued at Nextdoor Kraków after all payments required to conclude the Agreement have been received and the Protocol has been signed, during office hours. Room or apartment handover and key handover cannot occur earlier than 2:00 PM on the Handover Day.

  3. If the Tenant fails to accept the Room or apartment on the Acceptance Date or within the next 3 (three) business days, or fails to agree on a different Acceptance Date with the Landlord within that time, the Landlord has the right, subject to the provisions of paragraph 6 below, to terminate the Agreement with immediate effect by sending the Tenant notice of termination to the email address provided in the Application. In such a case, the Landlord may retain the equivalent of the Deposit paid by the Tenant due to early termination of the Agreement due to the Tenant’s fault. The Parties agree that the above-mentioned right of termination does not apply to the User’s failure to accept the Room or apartment due to:

  • the occurrence of reasons attributable to the Lessor, or

  • refusal to accept the Room or apartment for other reasons relating to significant defects of the Room or apartment that prevent the User from using the Room or apartment for residential purposes; for the avoidance of doubt, the Parties agree that other defects of the Room or apartment (faults) that do not prevent the User from using the Room or apartment for residential purposes cannot constitute grounds for refusing to accept the Room or apartment by the User.

  1. If the User fails to hand over the Room or apartment on the Acceptance Date due to the State of Epidemic and the related legal prohibition or order preventing the User from moving (including crossing the borders of the Republic of Poland for the User) in order to collect the Room or apartment on the Acceptance Date, the Tenant has the right to terminate the Agreement with immediate effect within the next 14 days by submitting an express declaration of intent to the Landlord via e-mail.

  2. In order to accept the Room or apartment, in addition to concluding the Agreement, it is also required that the Parties prepare and sign a Protocol.

§ 3. Rights and obligations of the Tenant

  1. The Tenant is entitled to: a. use the Room or apartment and the Common Parts, under the terms and conditions specified in the Regulations, b. receive guests in the Room or apartment, only in his presence, under the terms and conditions specified in the Regulations, if the other co-users of the Room or apartment do not object to this, and the Tenant is responsible for any damage caused by the Tenant’s guests in the Room or apartment as for his own actions, c. make changes to the decor and furnishing of the Room or apartment with the consent of the Landlord and the other co-users of the Room or apartment.

  2. The Tenant is obliged to: a. comply with the provisions of the Regulations, b. keep the Room or apartment and the Common Parts clean and take care of their furnishings, in particular ensuring that the wear and tear of the Room or apartment or the Common Parts used by the Tenant does not exceed normal, normal wear and tear, c. use Nextdoor Kraków with respect for other co-users of the Property, d. immediately inform the Landlord about any noticed breakdowns, damages and cases of violation of the Regulations by third parties, under pain of liability for the consequences of failure to inform about the above events, e. ensure that contact details are up-to-date and use the electronic mailbox indicated during the conclusion of the Agreement, through which the Tenant is notified of organizational matters, events at Nextdoor Kraków, payment history and booking of Rent, etc. f. cover the costs of removing any material damage found in the Room or apartment or the Common Parts, including the furnishings, and resulting from circumstances attributable to the Tenant. or his guests during the Rental Period or after its expiry in the event of failure to vacate the Room or apartment by the Tenant despite the expiry of the Rental Period.

The Tenant will repair the damage in accordance with the Room Card, and will also cover the actual costs of repairing the damage in the Room or apartment or Common Areas, up to the full amount of the damage, to the extent that the nature of the damage is not covered by the above-mentioned price list.

  1. No later than 11:00 a.m. on the day of termination of the Agreement, the Tenant is obligated to remove all items brought into the Room or apartment or Common Areas and to return the Room or apartment in a condition that is not deteriorated beyond normal wear and tear. This provision applies accordingly in the event of the Tenant’s re-accommodation in accordance with the provisions of § 1, section 8 of the Regulations.

§ 4. Rights and obligations of the Lessor

  1. The Landlord is obliged to: a. hand over the Room or apartment on the agreed date, b. ensure the possibility of use (co-use) of the Room or apartment and the Common Parts by the Tenant, including maintaining them in appropriate technical condition, and carrying out necessary repairs, technical inspections and servicing in accordance with applicable law, c. ensure periodic cleaning of the Common Parts, d. carry out all repairs and maintain Nextdoor Kraków in proper condition.

  2. The Landlord is authorized in particular to: a. organize cultural and educational activities, exhibitions or promotions on the premises of Nextdoor Kraków, without obtaining the consent of the Tenants in this respect, b. appoint a Manager, which may be made public by displaying appropriate information at the reception desk of Nextdoor Kraków, c. install monitoring in places such as the entrance to Nextdoor Kraków, corridors, common areas, stairwells, parking lot for preventive purposes and to increase safety, d. enter the Room or apartment in a state of emergency, including in particular in the event of a risk of damage, flooding, destruction, fire or in the event of a justified suspicion that there is a person requiring assistance in the Room or apartment, e. enter the Room or apartment in order to carry out necessary repairs, maintenance, sanitary procedures and inspections resulting from applicable legal provisions or in order to verify the technical or personal condition of the Room or apartment, if this is necessary or appropriate to ensure the proper functioning of the Property, after giving at least one day’s prior notice (via via e-mail to the address provided by the Tenant) to the Tenant about the date of the planned project.

§ 5. Rules for using the Room or Apartment and Common Areas

  1. The night time silence on Nextdoor Kraków is valid from 10:00 p.m. to 7:00 a.m. the following day.

  2. Tenants may only be visited by their guests between 7:00 a.m. and 11:00 p.m. If the Room or apartment is shared by more than one person, visits are permitted if none of the people sharing the Room or apartment raises an objection, which should be forwarded to the Nextdoor Kraków Manager.

  3. Overnight stays for the Tenant’s guest are permitted after registering at the Nextdoor Kraków reception desk and paying a fee of PLN 70 per night, but no more than five times per month, provided there are no objections from any roommates. During hours other than those indicated in paragraph 2 above, Tenants and guests who have received written consent from the Landlord at the Tenant’s request are authorized to enter Nextdoor Kraków. Stays longer than five days per month are possible after prior written arrangement with the Nextdoor Kraków Manager, at least seven days in advance of the Tenant’s guest’s visit, in the case of single-person apartments. To ensure the comfort of roommates, such consent can only be obtained in exceptional cases in multi-person rooms or apartments.

  4. A guest visiting the Tenant is required to provide the Landlord or an authorized person with their personal information, including their name, surname, and address, and to present an ID. Providing this information is voluntary, but necessary to access Nexdoor Kraków. Individuals providing this information have the right to access and correct the data provided. The data will be destroyed after the statute of limitations for any claims the Landlord may have against the Tenant’s guest has expired.

  5. The Landlord reserves the right to remove the restriction or temporarily suspend the visits of Tenants’ guests to Nextdoor Kraków in cases where their behavior hinders the use of the Room or apartment or its Common Parts by other users, including in particular failure to comply with the rules set out in these Regulations and in cases referred to in § 8 section 4 of the Regulations.

  6. The windows in the Room/apartment can be opened wide, and the Landlord is aware of the risk resulting from this fact.

  7. The Tenant is obliged to use the Common Areas in accordance with the guidelines introduced by the Landlord, including maintaining order and sanitary rules in the Common Areas.

  8. Student groups or organizations are permitted to operate in the Common Areas, subject to prior agreement with the Landlord.

  9. The Landlord is entitled to introduce changes to the use of the Common Parts by Tenants by imposing on Tenants restrictions on the number of Tenants staying in the Common Parts at the same time or the obligation to maintain an appropriate distance between co-users of the Common Parts or other restrictions imposed on the Landlord on the basis of judgments, legal provisions, decisions, recommendations or guidelines of relevant state authorities.

  10. Every person staying on the premises of Nextdoor Kraków is obliged to comply with the Regulations and relevant regulations, including in particular fire safety regulations, which remain generally available on the premises of the Property.

  11. In the event of improper use of the Room or apartment or Common Parts by the Tenant, which results in the arrival of emergency services (emergency patrol, fire brigade, police, electric or gas emergency services, etc.), the costs associated with the removal of disruptions, breakdowns and the arrival of the appropriate services will be covered by the Tenant.

  12. In the event of violations within the scope referred to in paragraphs 4-9 above and in paragraph 13 below, the Lessor is entitled to charge a contractual penalty of PLN 150 for each detected case of violation.

In the event of violations referred to in paragraphs 4-8 and 11, the imposition of a contractual penalty on the Tenant by the Landlord is contingent upon the setting of an additional deadline for cessation appropriate to the nature of the violations, which the Landlord will specify in an email sent to the Tenant, and upon its ineffective expiration. In the event of repeated violations of the same type, repeated notices are not required for the effective imposition of a contractual penalty.

  1. On the premises of Nextdoor Kraków it is prohibited to: a. conduct business activities, including in particular commercial, production (including alcohol production) or catering activities, b. consume alcohol in the Common Areas, c. consume, produce or otherwise use substances the possession of which is prohibited by applicable regulations, d. store items (substances) that are flammable (except for cosmetics or other similar items), toxic or may cause danger to people, animals or property, e. keep animals, f. make any construction, technical or installation changes, g. use cookers, regardless of their power supply or fuel, outside the places designated for this purpose by the Landlord, h. use devices that may cause damage to installations, in particular due to power consumption, i. behave in a way that may disturb the residence, study or rest of other users of Nextdoor Kraków, including in particular the use of sound equipment above average, j. smoke tobacco outside the places designated for this purpose, including electronic cigarettes that trigger the alarm. fire protection in the room and common areas, k. bringing in items that may disrupt the shared use of the Room or apartment or Common Areas, l. undertaking any activity contrary to the mandatory provisions of law, e.g. hanging up posters or announcements, outside the places clearly designated for this purpose by the Landlord, n. blocking escape routes (corridors, staircases that are escape routes) with any items or storing flammable materials on them, etc.,

under pain of payment of a contractual penalty of PLN 150.00 for each identified case of violation. The provisions of the second paragraph of § 5 section 12 shall apply accordingly.

§ 6. Rules for using the Internet

  1. The Lessor provides each Tenant who has appropriate devices according to the Lessor’s separate recommendations with access to the Internet via the infrastructure in Nextdoor Kraków.

  2. Network speed and other technical conditions depend on the network infrastructure in Nextdoor Kraków and the number of users.

  3. The network is made available by providing the Tenant with a login and password.

  4. The Tenant is not allowed to use the network for activities that are contrary to the law, good customs, or that threaten the security of the network, in particular: a. use the network for illegal activities, e.g. by sending, sharing or using content or materials that infringe the rights of third parties, in particular those that are subject to intellectual property protection not belonging to the User, b. send or share content that may infringe personal rights, c. use the network for the mass distribution of unsolicited advertising content, d. spread computer viruses and other programs that may damage Internet users’ devices, e. use P2P applications, f. provide third parties with data enabling access to the network, g. conduct commercial activities via the network, h. undertake any other actions that may be considered potentially dangerous to the operation of the network, in particular: attempting to gain access to any network resources to which the User is not authorized, attempting to bypass security measures used for wireless access, running service servers on devices connected to the network, etc.

  5. The Tenant is obliged to: a. properly secure its devices against unauthorized access from outside, b. comply with the Lessor’s recommendations regarding the proper operation of the network, c. report any observed irregularities in connection with the operation of the network.

  6. In the event of failure to comply with the provisions of § 6, paragraphs 4 or 5 above, the Tenant may be temporarily or permanently disconnected from access to the network by the Landlord.

§ 7. Terms of payment of rent and deposit

  1. The Tenant undertakes to pay the Rent to the Landlord.

  2. Rent will be payable by the 5th day of each month, in advance, and in the case of the first month of the Lease Period, no later than the Acceptance Date, to the bank account specified by the Landlord. Any changes to the bank account number may be communicated to the Tenant by email.

  3. If, due to the end date of the Agreement, the Agreement does not cover a full calendar month, the Rent will be calculated pro rata to the number of days in the Agreement in a given calendar month. If, according to the Lease Period, the end date of the Agreement falls on a day other than the last day of the calendar month, the Tenant will be obligated to pay the pro rata Rent for that month in accordance with the preceding sentence, with such pro rata Rent being payable: a. on the 1st day of the month preceding the month for which the pro rata Rent is due, or b. on another day designated by the Landlord, and the Landlord will be entitled at any time during the Lease Period to indicate to the Tenant which method of settling the final Rent to choose. The Landlord will inform the Tenant of their choice via the Tenant’s email address provided at the time of concluding the Agreement or in writing.

  4. The deposit is payable by bank transfer to the bank account indicated by the Lessor and is not subject to interest.

  5. If there is a need to refund funds for a transaction made by the User with a payment card, the Service Provider will make the refund to the bank account assigned to the User’s payment card.

  6. In the case of card payments, the processing time is counted from the moment of positive authorization. Available payment methods: Payment cards: Visa, MasterCard, bank transfers.

  7. In the event of failure to pay the Rent or other amounts due under the Agreement (including damages at Nextdoor Kraków or contractual penalties specified in the Agreement) on time, the Landlord may settle its claims from the Security Deposit, of which the Landlord is obligated to notify the Tenant, particularly by email. In such a case, the Tenant is obligated to replenish the Security Deposit within 7 days of such notification. The Landlord may settle its claims against the Tenant from the Security Deposit at any time, including after the termination or expiration of the Agreement.

  8. When paying Rent or other fees by bank transfer by the Tenant, the transfer title must always include the first name, last name and the number of the currently occupied Room or apartment.

  9. For the avoidance of doubt, Rent is payable by the Tenant to the Landlord throughout the Lease Period, regardless of whether the Tenant actually uses the Room or apartment.

§ 8. Changes to the Regulations or the Agreement

  1. The provisions of the Regulations may be amended by the Lessor only for an important reason, including, among others: a. an organizational change (provided that such a change does not lead to an increase in the Tenant’s burden and does not infringe on his interests), b. technical possibilities, or c. resulting from mandatory provisions of law, a court decision or a decision of an authority, to the extent that such a reason will affect the conditions of provision of services by the Lessor specified in the Regulations or the provisions of the Regulations, by posting them on Nextdoor Kraków and informing the Tenant about the changes via the Tenant’s e-mail.

  2. Subject to the provisions below, the new Regulations come into force within 14 days from the date of posting on Nextdoor Kraków and informing the Tenant about the changes via the Tenant’s e-mail.

  3. In the event of a lack of consent to a change in the Regulations, the Tenant may, within 14 days of the date of notification of the change in the Regulations, terminate the Agreement with a one-month notice period, effective at the end of the calendar month. Until the end of the notice period, the Regulations in the wording prior to such change shall apply to the Agreement.

  4. The Tenant acknowledges that in the event of a State of Epidemic or other epidemic in the territory of the Republic of Poland, the Landlord may introduce restrictions on the admission of the Tenant’s guests to Nextdoor Kraków as well as restrictions on the use of the Common Areas, including the introduction of new sanitary requirements in the Common Areas in accordance with applicable legal provisions or guidelines or recommendations of state administration bodies.

  5. Neither Party to this Agreement will be liable for failure to perform or improper performance of its contractual obligations in the event of a Force Majeure event. If the Party invoking Force Majeure is unable to perform its obligations under the Agreement due to a Force Majeure event, the Party invoking Force Majeure must immediately notify the other Party of the occurrence and prove the impossibility of performing the Agreement due to the Force Majeure event. If such an event prevents the performance of individual obligations, it will result in the suspension of those obligations under the Agreement for the duration of the Force Majeure event. Furthermore, the Party invoking Force Majeure will endeavor to perform its obligations as soon as possible.

§ 9. Termination of the Agreement

  1. The Agreement ends upon the expiry of the Lease Period or is terminated (by notice or withdrawal) in the cases provided for in the Agreement. After the Agreement is concluded, the Lease Period may be amended by mutual agreement of the Parties, in particular at the request of the Tenant, expressed solely in writing or by email (both forms being null and void). However, for this agreement to be effective, the Landlord must express its consent in writing or by email (both forms being null and void).

  2. The Landlord may terminate the Agreement without notice in the event of: a. if the Tenant grossly or persistently breaches the Agreement (or these Regulations, which are a part thereof) or through their inappropriate behavior makes the use of other Rooms or apartments in Nextdoor Kraków or the Property burdensome, especially in the case referred to in § 5 sections 4, 5, 6, 7 and 8 of the Regulations, b. failure to pay or top up the Security Deposit within the deadlines specified in the Regulations, c. when the Tenant has handed over the Room or apartment for use to a third party without the written consent of the Landlord, d. the Tenant is in delay with paying the Rent for at least two full payment periods, within the time limit specified in the Regulations, despite sending an additional request containing a one-month deadline for payment; the request made by the Landlord electronically is considered effective, e. the Tenant fails to comply with the instructions resulting from the declaration contained in § 1 section 8 of the Regulations, f. repeated cases of improper use of the Room or apartment and/or Common Areas by the Tenant in the manner specified in § 5 sec. 9 of the Regulations, g. failure by the Tenant to comply with the prohibitions and orders introduced by the Landlord in the event of a State of Epidemic or other epidemic in the territory of the Republic of Poland on the basis of applicable legal provisions, decisions, rulings and guidelines and recommendations of government administration bodies. h. fails to accept the Room or apartment within the time specified in § 2 sec. 5 of the Regulations, despite the Landlord’s readiness to hand over the Room or apartment to the Tenant, for reasons other than the occurrence of a significant defect, as referred to in § 2 sec. 5 points (i)-(ii) of the Regulations.

Termination of the Agreement by the Landlord may be effected, in particular, by email after prior written notice to the Tenant, specifying the violation and the Tenant’s failure to respond adequately within 7 business days. This notice does not apply to the circumstances indicated in items d and h above. In the event of repeated violations of the same nature, repeated notices are not required for effective termination of the Agreement.

  1. The Tenant may terminate the Agreement in the event of:

(i) failure to transfer the Room or apartment for the reasons specified in § 2 section 5 points (i)-(ii) of the Regulations;

  • when the Room or apartment has significant defects during the Rental Period that prevent the User from using the Room or apartment for residential purposes;

  • gross or persistent violation by the Lessor of the provisions of the Agreement or the Regulations.

Termination of the Agreement by the Tenant may be effected, in particular, by e-mail after a prior written warning to the Landlord indicating the breach and the lack of an adequate response from the Landlord within 7 business days.

  1. No later than 11:00 AM on the last day of the Agreement’s term, the Tenant will return the Room or apartment to the Landlord, along with the keys and any additional furnishings, if provided. In the event of a delay in returning the Room or apartment, the Landlord has the right to charge a contractual penalty of 1/15 (one fifteenth) of the Rent for each day of delay. This provision shall apply accordingly in the event of the Tenant’s re-housing in accordance with the provisions of § 1, section 8 of the Regulations.

  2. Unless otherwise provided in the Regulations, in the event of termination of the Agreement and the return of the Room or apartment and keys without reservation, the Deposit will be refunded to the Tenant by bank transfer within 14 business days of the date the Tenant provides the Landlord with the bank account number to which the refund is to be made. The Deposit will be refunded in the nominal amount in PLN paid by the Tenant. The Tenant therefore acknowledges that the Landlord will not be obligated to cover the costs of the transfer, in particular transaction processing or currency conversion costs. The Parties will prepare a Report of the return of the Room or apartment, keys, and any other movable property provided to the Tenant. Both the return of the Room or apartment and keys and the preparation of the Report are possible during the office hours of Nextdoor Kraków.

  3. On the last day of the Agreement, the Tenant is obligated to return the Room or apartment to the Landlord in a non-deteriorated condition, taking into account normal wear and tear, emptied of the Tenant’s personal belongings, and in a good sanitary condition. If the Tenant returns the Room or apartment in an unsanitary condition or with the Tenant’s personal belongings left behind, the Landlord is entitled to charge the Tenant for the actual costs of restoring the Room or apartment to a proper sanitary condition, in addition to the Administrative Fee. These costs will be at market value, and the Landlord will not charge any additional fees or margins.

  4. Without prejudice to the provisions of section 5 above, in the event of the failure to return the Room or apartment and keys in accordance with the protocol for reasons attributable to the Tenant, the Landlord has the right to retain the Deposit as security for the purpose of offsetting it against fees due to the Landlord, in particular the costs referred to in § 9 section 6 and/or section 9 of the Regulations. By reasons attributable to the Tenant, the Parties understand in particular the Tenant’s failure to appear on the day of return of the Room or apartment or the Tenant’s failure to proceed with the return of the Room or apartment in accordance with the protocol.

  5. In the event of termination of the Agreement by the Lessor without observing the notice period in accordance with section 2 letters a, c, d, e, f, g of this paragraph, the Lessor has the right to deduct the paid Deposit against the overdue Rent or other fees due to the Lessor.

  6. In the event of: a. termination of the Agreement for any reason; or b. the Tenant moving out of the Room or apartment before the end of the Agreement, regardless of whether a formal return of the Room or apartment was made; or c. the Tenant returning the Room or apartment based on the Report after the end of the Agreement; d. failure to return the Room or apartment or to vacate it in the case specified in § 1, section 7 of the Regulations and the Tenant leaving any items in the Room or apartment, the Landlord is entitled to secure them, remove them from the Room or apartment and deposit them in a place and manner chosen by the Landlord, in particular in a storage facility. If the above right is exercised, the Landlord shall immediately notify the Tenant by email of the location of the items left by the Tenant and request their collection, setting a minimum 7-day deadline for this purpose. After the above deadline, any items left behind will be deemed abandoned by the Tenant with the intention of relinquishing ownership, and the Landlord will have the right to dispose of them without liability for any resulting damage to the Tenant’s property, unless otherwise stated by mandatory provisions of law or the Tenant’s conduct indicates that they do not wish to relinquish the items. However, if the Tenant fails to collect the items and an intention to relinquish ownership cannot be interpreted, then the provisions of generally applicable law on lost and found property shall apply accordingly. All costs of securing, transporting, and storing the items are borne by the Tenant, who will be obligated to return them to the Landlord.

  7. The use of the Room or apartment by the Tenant after the expiry of the Agreement may under no circumstances be deemed to be an extension of the Rental Period;

  8. If the Tenant uses the Room or apartment after the end of the Agreement, regardless of other obligations incumbent on the Tenant, the Tenant will be obliged to pay the Landlord a fee for the non-contractual use of the Room or apartment in the amount of 1/15 of the Rent rate for each commenced day of non-contractual use of the Room or apartment.

  9. In the event of termination of the Agreement due to the fault of the other Party, the Party shall be entitled to demand payment of a contractual penalty from the other Party in the amount of 2 (two) months of Rent (or in the amount equivalent to the Rent due for the period remaining until the end of the Agreement, if less than 2 months remain until the end of that period).

§ 10. Delivery

  1. If the Tenant’s personal information changes (including a change of delivery address or email address), they are obligated to immediately inform the Landlord of the change, under penalty of, among other things, being deemed effectively delivered. The Tenant is obligated to notify the Landlord of any changes to their personal information in writing to an employee of the Nextdoor Kraków administration office or to the Landlord’s email address used for contacting the Tenant. In the event of a change of email address, all provisions of the Terms and Conditions relating to the Tenant’s email address provided at the time of entering into the Agreement will reflect such change.

  2. The Landlord is also obliged to inform the Tenant of any changes to the delivery address or e-mail address, under pain of, among other things, the recognition of correspondence sent to the last delivery address correctly indicated by the Landlord as effectively delivered.

  3. Delivery by e-mail, except as expressly provided in the Agreement, is deemed equivalent to delivery by registered mail or courier.

  4. Correspondence sent via e-mail will be treated as effectively delivered on the day the e-mail is sent to the correctly indicated e-mail address of the other Party.

§ 11. Information obligations regarding visas

  1. The Tenant (foreigner) who, before arriving in Poland, is required to obtain a visa entitling him/her to enter and stay in the territory of Poland, shall inform the Landlord of the fact that a visa has been granted or refused immediately, but no later than 30 days before the planned transfer of the Room or apartment, at the following e-mail address: krakow@nextdoor-housing.pl . The Tenant shall also provide the Landlord with the above information upon written request.

  2. If the Tenant does not have a valid visa 30 days before the planned date of handover of the Room or apartment and does not present it at the Landlord’s request, the Landlord is entitled to terminate the Agreement with immediate effect by sending the Tenant information about the termination of the Agreement to the e-mail address provided by the Tenant in the Application.

§ 12. Final provisions

  1. The Regulations are posted on Nextdoor Kraków in a visible location. The current version of the Regulations is also available at any time at nextdoor-housing.pl and may be retained by the Tenant at any time by printing them, saving them to a suitable medium, or downloading them from the Service’s website.

  2. The Parties have the right to pursue claims exceeding the reserved contractual penalty, in particular the contractual penalty referred to in § 5 section 10 and § 9 section 4 of the Regulations.

  3. The transfer of all or part of the rights or obligations under the Agreement by one of the Parties to third parties during its term requires the consent of the other Party expressed in writing, unless the Agreement expressly provides otherwise, provided that the Lessor is entitled to transfer all or part of the rights (including current and future rights, receivables and claims) to which the Lessor is entitled under the Agreement, without the consent of the Tenant, to a bank or financial institution financing or refinancing (i) the Lessor or (ii) the construction of the Nextdoor Kraków building.

  4. Any amendments to the Agreement, including extension of its validity (the Parties exclude the application of Article 674 of the Civil Code), must be made in writing, under pain of ineffectiveness, subject to exceptions expressly indicated in the Agreement or the Regulations.

  5. The validity and effectiveness of the Regulations will not be affected by the ineffectiveness or invalidity of individual provisions or by gaps in the regulations. Any ineffective or invalid provision or gap in the regulations will be replaced or supplemented by a provision that is legally valid and effective, and that most closely reflects the meaning and purpose of the ineffective or invalid provision or the remaining provisions of the Regulations.

  6. Any disputes between the Parties shall be resolved, during the term of this Agreement and after its termination or expiration, by Polish courts.



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