1. As regards accommodations in Poland (hereinafter referred to as “Accommodations”), the provisions of the GTC shall apply together with the additional terms and conditions set out in this Annex, regardless of the nationality or residence of the Partner.
2. The additional terms and conditions set out in this Annex shall supplement and amend, mutatis mutandis, the clauses of the GTC which relate to the original provisions. Any section of the GTC not affected by this Annex shall apply to the Partner with unchanged content.
3. Capitalised terms not defined in this Annex shall have the same meanings as given to them in the GTC. With respect to the Accommodation, Commission shall mean the commission set out in the Appendix to this Annex.
Section VII of the GTC shall be amended as follows:
4. The "Confirmation System" applies only to those Partners who have registered the Accommodation Facility in the Confirmation System prior this GTC entered into force.
Section IX of the GTC shall be amended as follows:
5. The Partner may not pay the Service Provider the Commission for the Reservation of the Accommodation in cash.
6. For all reservations made on or after 26 November 2021, booked by the Guest through the Noclegi.pl portal and paid online using a Polish Tourist Voucher, and confirmed by the Partner within 48 hours through the administration interface of the Noclegi.pl website, the Partner is entitled to a -3% commission discount from the default commission of the Partner.
Section XVI of the GTC shall be amended as follows.
7. Clause 88 of the GTC shall be replaced by the following provision:
„The Service Provider may charge a fee for the release of publication restrictions due to failure to meet the payment deadline indicated on the invoice, the amount of which is (i) 20 PLN + VAT before the transfer for collection and (ii) 200 PLN + VAT after the transfer for collection. The Service Provider reserves the right to refuse to release the publication restrictions or to refuse the Partner’s request to re-register until the payment obligations have been fully met, as long as the Partner is in debt to the Service Provider. The Service Provider is also entitled, at its option, to make the re-registration of such Partners subject to the conclusion of a separate agreement regulating the fulfilment of payment obligations.”
8. Clause 89 of the GTC shall be replaced by the following provision:
“In case of the Partner's delay in payment, in case of acceptance and fulfilment of the specific conditions set by the Service Provider, the Partner may request a deferral of payment from the Service Provider for a fee of 60 PLN + VAT per case. This fee shall become due at the expiry of the deferred payment and shall be shown in the relevant closed invoice. If the Service Provider grants a deferment of payment, it shall do so in any case subject to the reservation of its rights.”
Accurate commission rates as set out in Section X of the effective GTC (method of billing)
9. As regards Accommodations located within the territorial scope of the VAT Act (registered offices, place of business or branch office in Poland), the Value Added Tax calculated at the VAT rate according to the effective VAT Act shall be charged in addition to the net commission, so that commissions shall be invoiced with value added taxes.
10. As regards Partners contracted in member states of the European Union, except Partners listed in Section 8:
A Net commissions will be invoiced to Partners holding valid EU tax numbers (invoicing according to reverse charge rules; Council Directive 2006/112/EC)
B Partners without a valid EU tax number will be charged VAT in accordance with EU legislation in addition to the net commission, the commission will be invoiced at the value plus VAT.
11. Net commissions will be invoiced to Partners contracted outside of the EU (third countries).
The commission rate is determined by the location and type of accommodation and will be as follows from 01 January 2021 (the table does not include the fee for the Online Payment Service):
Explanation: Accommodation category: categories into which the Accommodations (Partners) have categorized themselves while registering on the website and which have been checked by the Service Provider, hence the specific accommodation of the Ordering Party is shown in that category on the website.