Terms and conditions

CELESTIN RESIDENCE TERMS AND CONDITIONS

Celestin Residence is owned by Sunshine Gdańsk Limited Liability Company, with its registered office in Poland, Cracow (31-034) at Lubicz Street 9, registered by District Court for Cracow Downtown in Cracow the XI Economic Department of National Court Register the KRS number 424651, NIP 6762456894, REGON 122602629

I - General Provisions

1. These regulations, prepared by Sunshine Gdańsk Sp. z o.o., define the rules for the operation and provision of accommodation services by Celestin Residence, hereinafter referred to as the "Accommodation Facility," the rules for making reservations for accommodation, and the principles of providing services electronically through the website operated at https://celestinresidence.pl/.
2. Guests are obliged to comply with the provisions of these regulations from the moment they start using the services provided by the Accommodation Facility.
3. The act of making a reservation is considered a declaration that the reserving party has read the regulations and accepts their provisions.
4. Payment of a deposit or providing credit/debit card details for the reservation constitutes confirmation of the conclusion of the agreement for the provision of accommodation services on the agreed terms and in accordance with these regulations.

Definitions:

1. Guest - a natural person with full legal capacity or a legal entity that uses the services provided by the Accommodation Facility in accordance with the provisions of the regulations.
2. Services - each service provided in accordance with the regulations, especially accommodation services and services provided electronically through the website.
3. Website - the website that allows for online booking of accommodation through a reservation system.

II - Conditions of Stay

1. Rooms are rented on a daily basis. The hotel day begins at 14:00 on the day of arrival and ends at 12:00 on the day of departure.
2. A guest checking in at the establishment is required to present a valid identification document, such as an ID card, passport, driver’s license, or another document with a photo and number issued by governmental authorities, to the receptionist.
3. In the case of a stay longer than one hotel day, guests may remain in their rented room between the end of one day and the beginning of the next at no additional charge.
4. If the guest does not specify the duration of their stay at Celestin Residence, it is assumed that the room has been rented for one night.
5. If the guest decides to leave the rented room before the end of the hotel day or checks in after it has started, they are not entitled to a discount or a refund of any part of the payment.
6. If the guest does not vacate their rented room by 12:00 on the day of departure, this situation will be treated as an extension of the stay for another day, resulting in an additional charge to be paid before departure.
7. In the event that the guest does not leave the room after the hotel day has ended, the establishment reserves the right to pack the guest's belongings by at least two representatives of Celestin Residence. The packed belongings will be placed in the establishment's deposit and will be available for pickup at the reception.
8. The total amount due for the stay is settled at the time of check-in.
9. A request to shorten the stay must be reported by the guest at the establishment's reception no later than 18:00 the day before the planned shortening. Otherwise, the next hotel day will be considered started, unless the regulations of the purchased offer state otherwise.
10. Unregistered persons may stay in the room only after informing the establishment's reception, and only between the hours of 7:00 and 22:00. Staying of unregistered persons in the room after 22:00 is equivalent to the guest consenting to pay for these persons to stay in the room. Each additional person will be charged according to the current extra bed rate for adults.
11. The guest may not transfer the room to others without prior check-in of the third party at the reception, even if the payment for the stay period has not yet expired.
12. The stay of children under 4 years old is free of charge.
13. Check-in before the hotel day begins is possible depending on availability but may incur additional charges in accordance with the establishment's current price list.
14. Check-out after the hotel day ends is possible depending on availability but may incur additional charges in accordance with the establishment's current price list.
15. If the establishment has available rooms, it is possible to extend the stay for another day (or additional days) after prior agreement with the reception and payment for the extension.
16. After checking in at the establishment, the guest should familiarize themselves with the room's equipment and keep it in an undamaged condition. In case of noticing any damage, the guest should immediately inform the reception. If there is no information provided and damages are identified by the establishment's staff, the guest will be held financially responsible for the damage incurred.
17. If damage is caused by the guest’s fault, in the form of damage or destruction in the rented room or in common areas of the establishment, the guest is liable for material consequences. The guest will be required to pay compensation, which will serve as redress for the incurred damages. Payment of this obligation must occur by the day of check-out.
18. The guest is responsible for damage to the establishment's property caused by themselves, by those for whom they are responsible, or by visitors.
19. The guest should notify the accommodation establishment's reception of any damage immediately after its discovery. If there is damage in the form of soiling of property that goes beyond the standard so-called daily cleaning, meaning any kind of non-standard soiling requiring washing/chemical cleaning or disinfection (often requiring hiring external companies), the establishment reserves the right to charge the guest’s account for extra cleaning, which will be priced individually based on the event protocol. The minimum charge to the guest’s account will be 300 PLN. Additionally, the establishment may charge the guest for lost income due to the room being removed from sale.
20. To secure the amounts due for accommodation, maintenance, and services provided to guests, as well as in the event of potential damages, the establishment has the statutory right to lien on items brought by guests to the establishment.
21. To guarantee and confirm a reservation, whether by phone or made online, guests are required to provide their payment or credit card details to the reception staff.
22. If the guest does not agree to provide the information mentioned in Section II, point 21, they have the option to pay a deposit via bank transfer, amounting to no less than 50% of the value of the reservation, within the timeframe agreed upon with the reception staff. However, at the time of check-in, the guest is obliged to either provide card details or pay a cash deposit of 500.00 PLN (five hundred zlotys 00/100).
23. The deposit will be refunded on the day of check-out after being checked by the housekeeping staff to ensure that there are no losses or damages in the room.
24. Both the collection and return of the deposit (or its retention, with an explanation) will be documented by the Reception Manager, or in their absence, by another receptionist authorized by the Reception Manager.
25. Celestin Residence reserves the right to pre-authorize funds on the card provided for the reservation at any time before the guest's arrival and during their stay.
26. Celestin Residence reserves the right to charge the card provided for the reservation in case of shortages or damages in the room after the guest's departure.
27. If, during the check-out of a guest who opted to pay the deposit in cash, the housekeeping staff finds shortages or damages in the room exceeding the amount of the deposit paid, Celestin Residence has the right to demand the difference for the incurred losses, and the guest is obliged to settle this on-site in cash or by card. These facts will be duly recorded in the document.
28. Celestin Residence observes quiet hours from 22:00 to 6:00.
29. During quiet hours, guests are obliged to behave in a manner that does not disturb the peace and rest of other guests.
30. Organizing events in the rented room is prohibited.
31. The Director of the establishment has the right to grant individual permission to organize an event in the rented room; however, in no case may this event disturb the peace and rest of other guests.
32. The number of persons in the room must not exceed the number originally agreed upon at the time of booking. Celestin Residence reserves the right to charge additional fees for accommodating more guests than specified and to refuse service to individuals not included in the reservation.
33. The presence of unregistered individuals in a given room or establishment is prohibited unless agreed upon with the Director, Reception Manager, or another authorized reception staff member. Guests must also be informed of the hours during which third parties may be present in the room or establishment, and they must agree to respect this arrangement.
34. The presence of pets in Celestin Residence is prohibited.
35. Failing to inform the reception staff about having a pet may result in a penalty of 500.00 PLN (five hundred zlotys 00/100).
36. Upon check-in and receiving the key card to the rented room, the guest assumes full responsibility for it.
37. If any damages, shortages, or defects are noticed, the guest is obliged to immediately report this to the reception staff.
38. If the guest causes any damage or destruction to Celestin Residence's property, they are required to promptly inform the reception staff of this fact.
39. If a fault or malfunction of equipment in the room is noticed, the guest should immediately inform the reception staff.
40. Smoking tobacco, e-cigarettes, or IQOS devices in rooms and common areas of Celestin Residence is prohibited. Violation of this rule may result in a penalty of 500.00 PLN (five hundred zlotys 00/100) and the guest may also be charged for costs related to calling emergency services automatically alerted by the fire alarm system.
41. To verify the legitimacy of triggering the fire alarm by smoke detectors in the occupied room, the guest is obliged to allow staff access to the room.
42. The guest agrees to always close the doors and windows of their rented room when leaving.
43. The guest agrees not to pass the key card to their room to third parties.
44. The hotel guest is responsible for the destruction or loss of the magnetic key card to the room. The cost is 50 PLN per item.
45. The moment a reservation is made and secured with card details or a deposit is paid is considered the signing of a contract for hotel services and is binding for both parties regarding dates, prices, room type, and number of persons.
46. In the event that personal belongings are left by guests, Celestin Residence will store them in the Lost and Found for 30 (thirty) days if found. During this time, guests may collect them personally or, after making a payment according to the price list, Celestin Residence will send the items via courier. If no one claims the lost items within the aforementioned period, the Director of the establishment has the right to dispose of them freely or to destroy them commissionally. The commission consists of the Director, Reception Manager, and Housekeeping Manager.
47. The above point does not apply to valuable items, which according to Polish law become the property of the State Treasury after a period of 2 (two) years.
48. In addition to the above, the guest agrees to comply with all rules of good social coexistence, respect local laws, and respect the property of the Owner provided for use. The guest is obliged to immediately inform the staff of Celestin Residence of any defects or dangers.
49. All users of the establishment are required to observe fire safety rules.
50. In the event of a fire, if possible, inform the establishment staff of the danger and proceed to the exit according to the evacuation instructions, then proceed to the designated assembly point. Until the fire department arrives, the establishment's staff is responsible for the evacuation of individuals in the establishment.
51. For fire safety reasons, the use of electrical devices not provided as part of the room’s equipment (e.g., heaters, electric stoves, etc.) is prohibited.
52. The establishment has the right to charge a local fee in accordance with applicable regulations.

III - Reservation of accomodation 

1. Reservations for accommodation are available: through the reservation system; by phone; via email; in person at the establishment's reception.
2. To make a reservation, the following is required: acceptance of the Regulations, provision of personal data necessary for service execution (such as name, surname, dates of stay, and method of payment), and partial or full payment of the accommodation costs, depending on the specific offer's terms or individual arrangements.
3. In the case of a flexible offer reservation, the establishment guarantees the reservation of accommodation according to the selected offer's rules. If arrival is planned after 14:00, a reservation guarantee is required by providing credit card details, followed by charging the card for the first night's fee or making a deposit equal to the first night's cost.
4. For non-refundable offer reservations, full payment of the accommodation costs is required.
5. If the terms of a given offer do not require any part of the accommodation costs to be paid before the stay, the establishment does not guarantee the guest a reservation of accommodation.
6. The guest is entitled to provide only complete and accurate information. The guest acknowledges and agrees that it is prohibited to provide any illegal content to the service and the establishment.
7. During the reservation, the establishment informs about:
8. Main details regarding the reservation, consistent with the data provided by the guest and the price of services;
9. Identification details of the accommodation establishment;
10. The lack of the right for a guest who is a consumer under Article 22[1] of the Civil Code to withdraw from the contract for hotel services pursuant to Article 38(12) of the Consumer Rights Act of May 30, 2014;
11. The necessity of additional payment for services not covered by the reservation if the guest orders additional services during their stay at the establishment.
12. After making a reservation via the reservation system or email, the establishment will send the guest a confirmation of the reservation along with the information referred to in paragraph 7 to the email address provided by the guest. In the case of reservations made by phone or in person, the information specified in paragraph 7 will be provided to the guest during the reservation process or in another manner agreed upon with the guest.

Here’s the translation of Section IV regarding the cancellation of accommodation reservations:

IV - CANCELLATION OF ACCOMMODATION RESERVATION 

1. Cancellation of a reservation made by the guest should occur in the same manner in which it was made.
2. In the case of flexible offers, cancellation of the accommodation reservation is possible no later than 24 hours before the start of the reserved stay. This does not apply to non-refundable offers.
3. If the cancellation occurs after the deadline mentioned in paragraph 2, or if the guest fails to arrive at the establishment on the declared start date of the reserved stay, the guest is obligated to pay a reservation fee, unless the reservation was made under an offer with different terms.
4. For reservations made under non-refundable offers, the reservation fee constitutes the payment for all unused nights of accommodation for all rooms reserved by the guest.
5. In the case of a properly executed cancellation, the establishment will promptly refund the payment made by the guest, no later than 14 days from the date of cancellation, after deducting the reservation fee, if such a deduction is stipulated in the terms of the offer under which the reservation was made.

V - LIABILITY OF THE ACCOMMODATION ESTABLISHMENT

1. The establishment is not liable for non-performance or improper performance of obligations arising from the Regulations due to circumstances beyond its control, despite exercising due diligence, including restrictions imposed due to external causes independent of the establishment.
2. The establishment reserves the right not to be held responsible for damages resulting from the suspension or cessation of service provision.
3. The establishment is also not liable for damages, including lost profits, incurred as a result of guests using the services in violation of the Regulations or legal provisions.
4. The limitations of liability do not apply to guests who are consumers within the meaning of Article 22 of the Civil Code.

Here’s the translation of Sections VI, VII, VIII, and IX regarding intellectual property, complaints, the rights and obligations of Celestin Residence, and final provisions.

VI - INTELLECTUAL PROPERTY

1. The informational resources and all other content of the service, such as texts, graphics, logos, buttons, and images, constitute the intellectual property of the establishment or entities with which the establishment has concluded relevant agreements and are protected by Polish and international intellectual property laws, in particular by the provisions of the Act of February 4, 1994, on Copyright and Related Rights.
2. Copying, reproducing, or any other use in whole or in part of information, data, or other content available on the service or originating from it, without consent, is prohibited, except for cases of fair use permitted by applicable laws.

VII - COMPLAINTS

1. The guest has the right to submit a complaint related to the operation of the service and the provision of services by the establishment that do not comply with the conditions and principles specified in the Regulations.
2. All complaints, containing the guest's details, i.e., name, surname, email address, and a brief description of the objections raised, should be submitted via the contact address available on the homepage of the service in the "Contact" tab or in writing to the establishment's address.
3. The establishment will consider the complaint within 14 days from the date of its delivery. The guest will be informed in writing about the outcome of the written complaint. If the complaint concerns services provided electronically and cannot be resolved within 14 days, the establishment will inform the guest of the reasons for the delay and the expected date of resolution.

VIII - RIGHTS AND OBLIGATIONS OF CELESTIN RESIDENCE

1. Celestin Residence is not responsible for items left by guests in the establishment or its premises after their departure, as well as for items left by guests in places where they should not be, i.e., in the bar, lobby, hallways, etc., and in places not under constant supervision or not locked.
2. Celestin Residence is not liable for third parties present in the establishment with the consent of the Director, the Reception Manager, or other Reception Staff authorized by the Director or the Reception Manager to grant such consent.
3. Celestin Residence is obliged to ensure the safety of guests during their stay.
4. Celestin Residence is obliged to maintain the confidentiality of personal data and not to disclose it to third parties, except when such data is needed for various purposes by law enforcement authorities.
5. Celestin Residence has the right to refuse further provision of services without refunding the accommodation costs if guests do not comply with the provisions of the Regulations. In such cases, guests are required to vacate the occupied room and the establishment immediately.
6. Celestin Residence has the right to change accommodation prices at any time and to make them available to tourists at any time.

IX - FINAL PROVISIONS

1. The content of the Regulations may change. Guests will be informed of any changes through notifications on the establishment's website. The effective date of changes will not be shorter than 14 days from the date of their announcement.
2. Any disputes arising between the establishment and a guest who is not a consumer within the meaning of Article 22 of the Civil Code shall be subject to the court competent due to the establishment's registered office.
3.  

INFORMATION CLAUSE FOR THE CLIENTS OF CELESTIN RESIDENCE

Pursuant to Article 13(1) and (2) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR, this is to inform that:

1. The controller of your personal data processed in connection with the provision of hotel services is Sunshine Gdańsk sp. z o.o. with its registered office at ul. Lubicz 9, 31-034 Kraków (phone: 12 306 5500, info@sunshineproperty.pl).
2. Celestin Residence has its Data Protection Officer, who can be contacted by e-mail at info@sunshineproperty.pl or by traditional mail sent to ul. Lubicz 9, 31-034 Kraków, with an annotation reading “IOD” (“DPO”) on the envelope.
3. Your personal data will be processed pursuant to Article 6(1)(c) and Article 9(2)(g) of GDPR for the purpose of the provision of hotel services/carrying out the delivery defined in the agreement you have concluded with us and which we perform or performed for your benefit or on the grounds of a business relationship we have established with you with a view to conclude such an agreement, which is our legitimate interest on the grounds of GDPR. Moreover, the said data are processed to enable the pursuit of claims related to the agreement and to document the completion of the service/delivery for tax purposes. If you have given your consent to have your personal data processed for marketing and/or profiling purposes, Celestin Residence will process your data to send you marketing communication and commercial information about its products and services and for profiling purposes accordingly. The legal grounds for the processing of personal data is the accommodation service/delivery agreement which you have concluded with us and which we perform or performed for your benefit. The legal grounds for the processing of personal data used for marketing and/or profiling purposes is your consent. At the same time, this is to inform you that you may withdraw your consent at any time, and the withdrawal of your consent does not affect the lawfulness of any processing that took place before you withdrew your consent.
4. The recipients of your personal data may be: the company providing management services, companies providing IT support services to Celestin Residence and software suppliers, companies providing accounting services, companies providing transportation or taxi services if a guest orders a transportation service or package shipment/delivery, law firms.
5. Your personal data acquired in connection with the concluded accommodation service agreement will be processed until the expiry of tax claims or civil-law claims, whichever of the two expires later, and the personal data acquired on the basis of a consent to the processing of data for marketing purposes will be processed throughout the period of validity of the consent to the processing of data for marketing and/or profiling purposes.
6. You have the right to access your personal data and to rectify them, erase them or restrict the processing thereof, to object to the processing thereof, and to lodge a complaint with the relevant supervisory authority, which in this case is the Polish Data Protection Commissioner (PL: Prezes Urzędu Ochrony Danych Osobowych), ul. Stawki 2, 00-193 Warsaw. Provision of personal data is obligatory under the provisions of the law.
7. Celestin Residence does not intend to transfer personal data outside the EEA.
8. Provision of personal data is voluntary, but please be informed that if you decide not to provide your personal data, it may be impossible or difficult for us to perform an accommodation service/delivery agreement for your benefit.
9. Your personal data may be subject to automated decision-making, including profiling, as referred to in Article 22(1) and (4) of GDPR, which will be carried out in accordance with the mandatory provisions of law. Celestin Residence makes automated decisions on the basis of personal data, including profiling - unless you have not given your consent to profiling. Profiling involves the use of historical personal data acquired by Sky Hotel Kraków in connection with the provision of accommodation services to its guests.

INFORMATION CLAUSE FOR THE CLIENTS OF CELESTIN RESIDENCE REGARDING VIDEO SURVEILLANCE (CCTV)

Pursuant to Article 13(1) and (2) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR, this is to inform that:

Celestin Residence is under video surveillance. Entrances and exits from the building, reception, lobby bar, restaurant, corridors and other communication routes as well as the nearest area around the building are monitored.

1. The Controller of your personal data processed in connection with the conducted video surveillance is Sunshine Gdańsk sp. z o.o. with its registered office at ul. Lubicz 9, 31-034 Kraków (phone: 12 306 5500, info@sunshineproperty.pl).
2. Celestin Residence has its Data Protection Officer, who can be contacted by e-mail at info@sunshineproperty.pl or by traditional mail sent to ul. Lubicz 9, 31-034 Kraków, with an annotation reading “IOD” (“DPO”) on the envelope.
3. Your personal data will be processed in order to ensure the safety of persons staying at the Hotel and to protect property, and the basis for data processing is the legitimate interest pursued by the Administrator (Article 6(1)(f) of the GDPR), which consists in ensuring security in the indicated range. The image recorded with the use of industrial cameras is subject to processing. The cameras do not record sound.
4. Your personal data will not be shared with other recipients except for entities authorised to receive these data under the provisions of the law.
5. The cameras record the image continuously. The recordings are stored for a period of 14 days, after which they are automatically overwritten, unless an authorized entity requests their protection during this time. In this case, the data is processed until the end of the procedure in which the recorded image may be used as evidence in the proceedings in question.
6. You have the right to request the Controller to grant you access to your personal data, to rectify them, to erase them, to restrict the processing thereof, as well as the right to object to the processing of your data.
7. If you believe that the processing of your personal data violates the applicable law, you have the right to lodge a complaint with the Polish Data Protection Commissioner (PL: Prezes Urzędu Ochrony Danych Osobowych).
8. There will be no automated decision-making or profiling operations carried out in the course of the processing of your personal data.

Standards for the Protection of Minors at Celestin Residence

  In consideration of the guidelines of the United Nations regarding business and human rights, and recognizing the significant role of business in ensuring respect for children’s rights, especially the right to protection of their dignity and freedom from all forms of harm, Sunshine Gdansk Sp. z o.o. adopts this document as a model of principles and procedures in the event of suspected harm to a child staying at Celestin Residence, as well as for preventing such risks. The child protection policy at our facility will be implemented through the following principles:

1. Celestin Residence conducts its operations with the utmost respect for human rights, particularly the rights of children as individuals, especially vulnerable to harm.
2. The facility acknowledges its role in conducting socially responsible business and promoting desired social attitudes.
3. The facility emphasizes the legal and social obligation to report any suspected crime against children to law enforcement and commits to training its staff in this regard.
4. The facility commits to educating its staff on circumstances that may indicate a child staying at the facility is being harmed, and on how to respond swiftly and appropriately to such situations.
5. One of the effective ways to prevent harm to children is by identifying the child staying at the facility and their relationship with the adult accompanying them. The staff takes all positive steps to conduct this identification and to determine the child’s relationship with the accompanying adult.

Procedure in Case of Suspected Child Harm

1. In unusual and/or suspicious situations indicating a possible risk of harm to a child, identification is mandatory conducted by the reception staff.
2. To identify the child and their relationship with the person they are staying with, the receptionist should:
3. Ask for the child’s identity and their relationship to the person they arrived with or are staying with at the facility. The receptionist may ask for the child’s ID or another document confirming that the adult has the right to care for the child at the facility. If no ID is available the receptionist may request the child’s information (name, surname, address, PESEL/SSN number).
4. If no documents indicating the child’s relation to the adult are provided, the receptionist may ask both the adult and the child about their relationship.
5. If the adult is not the child’s parent or legal guardian, the receptionist may ask if they have a document showing parental consent for the adult to travel with the child (e.g. a written statement).
6. If the adult does not have a parental consent document, the receptionist may request the parents’ phone number to call and confirm that the child is staying with the adult with the parents’ knowledge and consent.
7. If the adult resists showing the child’s document and/or disclosing the relationship, the receptionist explains that the procedure is meant to ensure the safety of children using the facility’s services and was developed in cooperation with NGOs specializing in this area.
8. If the conversation confirms the suspicion of an attempted or actual crime against the child, the supervisor reports the matter to the police. Further steps follow the procedure for circumstances indicating child harm.
9. If staff members from other departments, such as cleaning service, bar, or restaurant staff, witness unusual and/or suspicious situations, they must immediately inform their supervisor, who will decide on the appropriate actions.

Procedure for Circumstances Indicating Child Harm

1. If there is reasonable suspicion that a child staying at the facility is being harmed, the police must be immediately notified by calling 112 and describing the situation. Depending on the dynamics of the situation, the person witnessing the event (employee/supervisor) makes the call. If the notifier is an employee, they simultaneously inform their supervisor.
2. A reasonable suspicion of child harm exists if:
3. The child discloses harm to a facility employee,
4. An employee observes the harm,
5. The child shows signs of harm (e.g., scratches, bruises), and when asked, responds inconsistently and/or chaotically or becomes embarrassed, or other circumstances may suggest harm (e.g., the discovery of child pornography in an adult’s room).
6. In this situation, the child and the person suspected of harming them should not be allowed to leave the facility.
7. In justified cases, a citizen’s arrest may be made of the suspected person. In such a case, the person should be supervised by two employees in a separate room away from other guests until the police arrive.
8. In every case, the child’s safety must be ensured. The child should remain in the care of an employee until the police arrive.
9. If there is reasonable suspicion that a crime involving contact between the child and the perpetrator’s biological material (semen, saliva, skin) has occurred, efforts should be made to prevent the child from washing or eating/drinking until the police arrive.
10. After the police take the child, surveillance footage and other relevant evidence (e.g., documents) related to the incident should be secured and, upon request, a copy should be sent by registered mail or delivered in person to the prosecutor or police.
11. After the intervention, the incident should be documented in the incident log or another designated document.

Hiring Individuals to Work with Children

• 1 Art. 243 of the Act of June 6, 1997, Code of Criminal Procedure (consolidated text in the Journal of Laws of 2022, item 1375).
• 1. Anyone has the right to detain a person caught in the act of committing a crime or in pursuit immediately after the crime, if there is a risk that the person will flee or if their identity cannot be established.

The term "caught in the act" in § 1 refers to apprehending the perpetrator during any of the stages of committing a crime (not a misdemeanor), i.e., during the stages of punishable preparation, attempt, or completion. In practice, this is most often an attempt, as the detention usually prevents the act from being fully committed. To initiate detention, it is sufficient to observe the objective side of the crime. K. Dudka [in:] M. Janicz, C. Kulesza, J. Matras, H. Paluszkiewicz, B. Skowron, K. Dudka, Code of Criminal Procedure. Commentary, 2nd ed., Warsaw 2020, art. 243. 

• 2. The detained person should be immediately handed over to the police.

Explanation: The facility does not have the ability to verify its suspicion based on facts or evidence—that is the role of law enforcement. In § 2, we described situations where there is reasonable suspicion to make a citizen's arrest, even when the act has not been completed (for example, an adult "catching" a child in inappropriate circumstances). Detention is justified during the preparatory, attempt, or completion stages. Detention at the attempt stage (i.e., directly leading to the act) is a form of prevention. Renting a room with a child would already qualify as an attempt. 

Optional Section to be implemented if the facility organizes, for example, a children's play area or other forms of recreation where children are left without parental or legal guardian supervision. 

1. All individuals working with children must be safe for them, which includes ensuring that their employment history indicates they have not harmed any children in the past.
2. Every person employed by the facility for work related to education, recreation, and child care must be checked in the Registry of Sexual Offenders. This check is carried out by printing the search results from the restricted-access section of the registry, which is then placed in the personal file of the individual being checked. This check must be repeated annually.
3. All employees working with children, including those who may have potential contact with children, should submit a declaration of no criminal record and no pending proceedings for offenses against children.

Glossary:

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

1. Child – Any person under 18 years of age.
2. Unrelated Adult – Any person over 18 years of age who is not the child’s parent or legal guardian.
3. Child Abuse – The commission of a crime against a child.
4. Crime Against a Child – Any crime that can be committed against an adult can also be committed against a child, in addition to crimes that can only be committed against children (e.g., sexual exploitation as per Article 200 of the Criminal Code). Due to the nature of tourist facilities, where isolation is easily possible, the most frequent crimes likely to occur in such settings involve sexual freedom and morality, especially rape (Art. 197 of the Criminal Code), sexual exploitation of an incapacitated or helpless person (Art. 198 CC), sexual exploitation of dependence or critical position (Art. 199 CC), sexual exploitation of a person under 15 years old (Art. 200 CC), grooming (seducing a minor using remote communication means – Art. 200a CC).
5. Employee Hired to Work with Children – Any person employed to perform duties involving children, including those employed under civil law contracts, interns, trainees, and volunteers, regardless of their citizenship or age, who must be checked in the Sexual Offender Registry.

Examples of Situations that May Raise Suspicion or Indicate Child Abuse

ATTENTION! The presence of some of these indicators does not automatically mean that a child is being exploited. It is important to stay alert and pay attention to situations that may raise concern. An alarming situation could also be one in which the relationship between the adult and the child does not seem relaxed or nurturing.

RECEPTION 

A guest refuses to provide their personal details or the child’s information. 

The guest takes the child directly to the room, seemingly avoiding any interaction between the child and the reception staff. 

The guest claims they have no documents for themselves and/or the child and refuses to provide explanations. 

A guest checking in with a child invites other individuals who are not guests of the facility (these individuals may only stay for a short period). 

The guest pays in cash or with a prepaid card. They pay daily (unsure how long they will stay) or ask someone else to pay for the accommodation. 

The guest rents a room by the hour or not for a full day, or they rent the room for an unusually long time. 

The guest brings gadgets or items that could be given to the child as gifts. 

A guest arriving with a child has no luggage or brings very little (e.g., a small handbag/briefcase). 

The guest appears at the facility with a child they did not check in with at the reception earlier. 

The guest behaves toward the child in a sexually suggestive manner, and the relationship between the adult and the child does not seem natural or caring. 

A guest with a child rents a room with fewer beds than the number of people staying – for example, a room with a double bed. 

The child is dressed inappropriately for the weather or is inadequately dressed compared to the adult they arrived with. 

During registration, the child seems anxious, stressed, or reluctant to be at the facility with the adult. 

Children selling small items or begging near the facility. 

A child arrives at the facility late at night or during school hours when they should be in school. 

The child appears unsure of where they are or gives inconsistent answers when asked about the purpose of the trip.

RESTAURANT and BAR

A guest arrives at a bar or restaurant with a child who is not registered at the establishment.

Individuals from outside, who are not registered at the establishment, seem to be looking for clients and offering something to them (possibly attempting to facilitate contact with children).

The guest inquiries about adult sexual services, including those involving young individuals (e.g., overheard conversations in the bar or restaurant).

Teenagers are waiting at a table or in the bar for an adult who picks them up and does not appear to be their parent or guardian (it may be a client, pimp, or trafficker).

Children who seem to be unaccompanied ask for food, drinks, or money.

Cash exchange between an adult and a child (the exchange may raise suspicions of payment for services).

Children appear anxious, nervous, and avoid eye contact.

During their stay, the adult and child do not come to the dining room for breakfast.

The adult behaves in a sexually suggestive manner toward their children —this is not a natural or nurturing relationship.

The adult gives alcohol to the child.

HOUSEKEPING

A "Do Not Disturb" sign is continuously visible on the door of the room where they are staying.

There is no consent for room cleaning throughout the guest's stay.

A lot of cash/banknotes are noticed in the room (which may indicate illegal payments).

Children are left unattended in the room for long periods or do not leave the room at all (e.g., food is brought to them).

A large number of computers, mobile phones, or card readers are observed in the room.

The adult and children rarely leave the room, almost never go out, or only leave during times when few guests are moving around the establishment.

Children's clothing or toys are found in the room, even though the child is not registered at the establishment.

Adults who are not guests of the establishment are present in the lobby, seem to be observing the surroundings, and are in contact with the guest who arrived with the child.

A large quantity of alcohol or drugs is noticed in the room where the adult registered with the child.              

In the room where the adult is registered only with the child/children, condoms and similar items are left in plain sight.

* The establishment may include in its guest policy that, for the safety of all users, staff may require access to the room in any situation that warrants it.