Terms of providing services by electronic means

§1. General provisions

These terms set out the rules for using the Rent Hunters website ("Site") and for providing services by electronic means within the meaning of the Polish Act of 18 July 2002 on providing services by electronic means.

Definitions: Service Provider (the entity named under "Service provider details" below); User (anyone using the Site); Form (the assignment-submission form available on the Site); Assignment (a rental-search assignment submitted by the User through the Form).

§2. Type and scope of electronic services

The Service Provider supplies, by electronic means: (a) access to the Site's content, including the service description and price list; (b) access to the Form for submitting an Assignment.

The services in item 1 are free of charge. The paid brokerage service described in §5 is set out here for information; it is provided under a separate brokerage agreement concluded in written or electronic form (art. 180 ust. 3 of the Polish Real Estate Management Act), whose provisions prevail over these terms.

§3. Technical requirements

Using the Site requires: a device with internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active e-mail address.

Using electronically supplied services carries the usual risks present on the internet. Keeping the User's device protected with up-to-date security software is recommended.

Users must not supply, through the Site or the Form, unlawful content, including content that infringes third-party rights, or other people's personal data passed on without their knowledge. If the Service Provider receives official notice or reliable information that submitted content is unlawful, it may block access to that content and leave the submission unprocessed.

§4. Entering into and ending the electronic-service agreement

The agreement for the content-access service is formed when the User opens the Site and ends when the User leaves it.

The agreement for the Form service is formed when the User starts filling it in; it is performed once the Assignment is submitted, or ends if the User stops filling it in and leaves without submitting.

Submitting the Form requires reading these terms and confirming that the User has read the information on personal-data processing set out in the Privacy Policy. That confirmation is not a consent to processing: the Form data is processed in order to answer the submission and to take steps before a contract is possibly signed.

§5. The rental-search assignment service: scope and fee

On receiving an Assignment, the Service Provider contacts the User to clarify the brief and, if both sides decide to proceed, to conclude a separate brokerage agreement in written or electronic form (qualified electronic signature). Submitting the Form, an e-mail or a messenger message does not form that agreement. The Service Provider starts the search and any action on specific listings only after the agreement is concluded.

The service covers: searching the available rental market (not the Service Provider's own listings), attending viewings, negotiating on the User's behalf, and reviewing the lease contract before it is signed.

The brokerage fee is 70% of the found property's monthly rent (czynsz najmu) under the signed lease; the building service charge (czynsz administracyjny) and metered utilities are not part of the basis. The fee is paid once after the User signs the lease. This is the only fee rate of the Service Provider: no reduced rates and no variants are applied.

Amounts due to other parties are outside the Service Provider's fee, in particular the deposit and the rent payable to the landlord, metered utilities, the notary's fee for an occasional lease, a lawyer's fee and official charges. The User pays the brokerage fee to the Service Provider alone and only at the single rate given above; the Service Provider charges the User nothing further on behalf of another agency. If the property comes from another agency's listing, the Service Provider settles with that agency itself, out of its own fee. Travel to viewings outside Warsaw is agreed with the User before the trip.

The Service Provider does not guarantee finding a property within any given timeframe or guarantee a result: the obligation is one of diligent effort, not of result.

§6. Complaints

Complaints about the electronically supplied services and about the paid brokerage service described in §5 can be sent to the e-mail address given under "Service provider details" below, or in writing to the Service Provider's address.

A complaint should give the contact details of the person making it, a description of the issue and the outcome expected. If the information given is not enough to deal with the complaint, the Service Provider asks for it to be completed.

The Service Provider reviews and answers a complaint within 14 days of receiving it, on paper or on another durable medium, including by e-mail.

The Service Provider does not agree to take part in proceedings for the out-of-court resolution of consumer disputes. This does not limit the consumer's rights: the consumer may use the free help of a municipal or district consumer ombudsman and may also bring the case before the common courts.

§7. Right of withdrawal

A User who is a consumer may withdraw from a contract concluded at a distance or off business premises within 14 days, without giving a reason. The period runs from the day the agency agreement is concluded. The withdrawal statement may be made in any way, for example by e-mail, including on the form attached to the agreement; sending it within the period is enough to meet the deadline. Basis: the Polish Act of 30 May 2014 on consumer rights, art. 27, art. 28 pkt 2 and art. 30.

To withdraw it is enough to send the Service Provider a statement of withdrawal: by e-mail to the address given under "Service provider details" below, or in writing to the Service Provider's address. Sending the statement before the deadline is enough to meet it. The consumer may use the model withdrawal form set out in annex 2 to that Act; using the model is not compulsory.

On withdrawal the contract is treated as never concluded, and the Service Provider returns payments received without delay and no later than 14 days from the day the statement of withdrawal is received (art. 32 of the Act).

If the consumer expressly asks for performance to start before the withdrawal period ends, the right of withdrawal remains. In the agency agreement the Service Provider waives payment for what has been performed up to the moment of withdrawal, referred to in art. 35 of the Act, if the consumer withdraws before signing the lease: such a withdrawal costs the consumer nothing. The brokerage service is fully performed when the consumer signs the lease for the property in respect of which the Service Provider carried out brokerage activities. If the consumer made the request referred to in the first sentence and acknowledged the information about losing the right of withdrawal, that right expires at that moment (art. 38 ust. 1 pkt 1 of the Act).

The Service Provider gives the consumer the withdrawal notice together with the model withdrawal form on a durable medium, together with the brokerage agreement referred to in §5. The Service Provider does not publish contract templates or forms on the Site: the consumer receives both documents directly from the Service Provider.

§8. Personal data

Rules for processing Users' personal data are set out in the Privacy Policy available in the Site footer.

§9. Final provisions

Matters not covered by these terms are governed by Polish law, including the Civil Code and the Act on providing services by electronic means.

The Service Provider may amend these terms for good cause (a change in the services offered, a change in the law); an amendment takes effect no earlier than 14 days after the new version is published on the Site.

An amendment does not affect rights already acquired by the User or Assignments submitted before it takes effect; a User who does not accept an amendment may stop using the Site.

Nothing in these terms limits or excludes consumer rights under mandatory provisions of law; where there is a conflict, those provisions prevail.

These terms apply from the date they are published on the Site.