Terms and Conditions for Booking and Using Perorowisko Studio

This English version is provided for convenience. In the event of any discrepancy, the Polish version (Regulamin) is binding.

§1. General provisions

1. These terms and conditions (the "Terms") set out the rules for booking and using the self-service podcast studio Perorowisko Studio at ul. Kaliska 20, 02-316 Warsaw, Poland (the "Studio"), and for using the client portal available at pero.ro (the "Portal").

2. The service provider is Konrad Rzentarzewski, conducting business under the name dioica Konrad Rzentarzewski, ul. Tadeusza Joteyki 13/44, 02-317 Warsaw, Poland, tax ID (NIP) 5222570858, statistical number (REGON) 140566954, registered in the Polish Central Register and Information on Economic Activity (CEIDG) (the "Provider").

3. Contact: e-mail kontakt@pero.ro, phone +48 505 431 337.

4. Terms used in these Terms mean:

   1. Client – a natural person, legal person or organisational unit without legal personality that enters into an agreement with the Provider for the use of the Studio;

   2. Consumer – a Client who is a consumer within the meaning of Article 22¹ of the Polish Civil Code. Provisions concerning Consumers also apply to a natural person entering into an agreement directly related to their business activity where the agreement is not of a professional nature for that person;

   3. User – a natural person using the Portal on behalf of the Client;

   4. Participant – any person present in the Studio during a Session with the Client's knowledge, including persons being recorded and accompanying persons;

   5. Session – use of the Studio and its equipment during the booked time slot;

   6. Self-service Session – a Session during which the Client operates the Studio equipment independently;

   7. Assisted Session – a Session during which the equipment is operated by a person designated by the Provider; charged according to the Price List;

   8. Welcome Session – a free, one-time introductory Session of approximately 60 minutes, described in §4;

   9. Price List – the current prices of Sessions and additional services published at pero.ro;

   10. Privacy Policy – the document describing how personal data is processed, including video surveillance, published at pero.ro.

5. Making a booking requires reading and accepting these Terms. The Terms are available free of charge at pero.ro in a form that allows them to be downloaded, saved and printed.

6. The Client is responsible for the acts and omissions of Users and Participants as for their own.

§2. Portal and Client account

1. The Portal account is created by the Provider on the basis of an invitation sent to the e-mail address indicated by the Client after initial contact (via pero.ro, the on-site assistant, e-mail or phone). The User sets their own password by clicking the link in the invitation.

2. Login credentials are confidential. The Client must promptly notify the Provider of any suspicion that an unauthorised person has gained access to the account.

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

4. It is prohibited to supply unlawful content via the Portal or to take actions that disrupt its operation.

5. Bookings may also be arranged with the Provider by e-mail or phone. These Terms apply to them in full; such bookings are confirmed and paid for in the Portal or via a payment link sent to the Client.

6. The Client may request deletion of the account at any time by writing to kontakt@pero.ro. Deleting the account does not affect paid bookings or the Client's obligations under concluded agreements.

§3. Booking, price and payment

1. Bookings are made in the Portal by selecting the type of Session (self-service or assisted), the duration or hourly package, and the date and start time.

2. Prices in the Price List are gross prices (including VAT) and cover the use of the Studio and the equipment in it during the booked time. The binding price is the one shown in the Portal at the time of booking.

3. Payment is made in advance, online, through the payment operator indicated during the booking process, using the methods made available by that operator.

4. The selected slot is held for 30 minutes from the start of the booking to allow payment. If payment is not completed within that time, the booking expires and the slot returns to the pool of available slots.

5. The agreement is concluded when the Provider receives payment confirmation from the payment operator. A booking confirmation with a calendar invitation is sent to the Client's e-mail address. An unpaid booking is not confirmed and does not entitle the Client to use the Studio.

6. Once the booking is paid, the Provider automatically issues an invoice and sends it electronically to the Client's e-mail address. By accepting these Terms, the Client consents to receiving invoices in electronic form. The Client provides invoicing details (including the tax ID for businesses) in the Portal before payment; once issued, an invoice may be amended only to the extent permitted by tax law.

7. Promotions, discount codes and vouchers have their own conditions published at pero.ro. They cannot be combined unless the promotion conditions state otherwise.

8. Additional services not included in the Price List (e.g. post-production) require a separate arrangement with the Provider.

§4. Welcome Session

1. Before the first paid Session, or immediately before it on the same day, the Client attends a free Welcome Session. The Welcome Session covers training in the use of the Studio and its equipment and a walk-through of the Studio rules; it may include a test recording.

2. The Client is entitled to one Welcome Session. Booking it requires no payment and is confirmed at the moment of booking.

3. The Welcome Session may be rescheduled or cancelled free of charge no later than 24 hours before its start, in the Portal or by e-mail.

4. If the Client fails to attend the Welcome Session without cancelling within the time limit in paragraph 3, the next Welcome Session booking requires a prepayment equal to the price of one hour of a Self-service Session according to the Price List. The prepayment is credited towards the first paid Session if the Client attends the Welcome Session. In the event of a further no-show without timely cancellation, the prepayment constitutes remuneration for the reserved time and is non-refundable.

5. The Provider may refuse a booking for a paid Session from a Client who has not attended a Welcome Session.

§5. Using the Studio

1. The Studio is self-service. Entry is by an access code sent to the Client in the booking confirmation or in a separate message before the Session. The code is personal, may not be passed on to third parties and works only within the booked time slot.

2. Session time runs from the start time stated in the booking. Late arrival does not extend the Session and does not entitle the Client to a price reduction. Setting up the Studio and tidying it after the Session fall within the booked time.

3. The Client must leave the Studio no later than the Session end time. A Session may be extended only if the following slot is free and the Provider agrees (by phone or chat). Extensions are charged per started hour at the hourly rate of the booked package; the Provider sends a payment link, which the Client pays within 3 days of the Session.

4. A maximum of 6 people may be present in the Studio at the same time. In the basic equipment configuration, a maximum of 4 people can be recorded simultaneously.

5. The Client and the User must be at least 18 years old. Minors may take part in a Session only in the presence of an adult Participant who is responsible for them.

6. The Client and Participants undertake to:

   1. use the equipment for its intended purpose and in accordance with the instructions given during the Welcome Session and available in the Studio;

   2. promptly report any faults, damage or irregularities to the Provider by phone or chat;

   3. not smoke tobacco or e-cigarettes;

   4. not bring in or consume alcohol or intoxicants and not be present in the Studio under their influence;

   5. not bring animals;

   6. keep only water or drinks in closed containers near the equipment;

   7. not let persons who are not Participants into the Studio, not leave the door open and not share the access code;

   8. observe the rules applicable in the building, in particular not to disturb the peace in common areas.

7. The Client may move furniture, backdrops and set elements. After the Session, the Client leaves the Studio in a condition that allows the next Session to take place, takes their belongings and removes waste.

8. During the Session, the Client may contact the Provider by phone or chat using the details given in the booking confirmation.

9. The Provider may enter the Studio during a Session in emergencies, in particular in the event of an alarm, a failure, a threat to the safety of people or property, or a reasonable suspicion of a breach of these Terms, giving the Client prior notice where possible.

10. If a failure of the Studio's equipment or infrastructure for which the Client is not responsible prevents the Session from taking place in whole or in part, the Client may, at their choice, receive additional time on another date or a refund of the part of the price corresponding to the unused time.

§6. Assisted Session

1. Assisted Sessions are available at the times and prices stated in the Price List. They are booked as described in §3.

2. During an Assisted Session, a person designated by the Provider operates the Studio equipment for the booked time. The scope of the service is set out in the Price List; it does not include post-production of recordings unless agreed otherwise.

3. The remaining provisions of these Terms, including §4, §5 and §8, apply to Assisted Sessions.

§7. Recordings and files

1. The rights to recordings made in the Studio belong to the Client. The Provider acquires no rights to them, does not review their content and is not responsible for their content or for how they are subsequently used.

2. The Client is responsible for obtaining the Participants' consent to the recording and dissemination of their image and voice, and for holding the rights to any third-party materials used in the recording (e.g. music, excerpts of other works).

3. It is prohibited to use the Studio to create unlawful content, in particular content infringing third-party rights or inciting hatred, or for activities inconsistent with the Studio's purpose. In the event of a serious breach of these Terms, the Provider may terminate the Session with immediate effect; in that case the Client receives no refund for the unused time, without prejudice to the Client's liability for any damage caused.

4. We recommend that the Client bring their own external drive and copy the files immediately after the Session. If the Client has no storage medium of their own, the Provider will send download links to the Client's e-mail address within 1 business day of the Session.

5. The Provider does not archive recordings. Files may be deleted from the Studio devices after 3 business days from the Session, and download links expire on the date stated in the message. The Client should make their own backup before that time.

§8. Rescheduling and cancellation

1. Rescheduling or cancellation is done in the Portal (link in the booking confirmation) or by e-mail to kontakt@pero.ro. The time of receipt of the notice by the Provider is decisive.

2. Rescheduling requested no later than 24 hours before the start of the Session is free of charge, subject to availability. A single booking may be moved at most twice; a third rescheduling request is treated as a cancellation.

3. In the event of cancellation notified no later than 24 hours before the start of the Session, the Provider refunds 100% of the amount paid.

4. In the event of cancellation notified later than 24 hours before the start of the Session, or if the Client fails to attend, the amount paid constitutes remuneration for the time reserved and blocked for the Client and is non-refundable. In exceptional, documented circumstances the Provider may, at its discretion, offer an alternative date.

5. If the Session cannot take place for reasons attributable to the Provider, the Client receives, at their choice, a full refund or an alternative date.

6. Refunds are made using the same payment method used to pay for the booking, within 14 days of the notice entitling the Client to a refund.

7. The provisions of this section do not limit the Consumer's right of withdrawal described in §9.

§9. Consumer's right of withdrawal

1. A Consumer may withdraw from a distance contract within 14 days of its conclusion without giving any reason, by submitting an unequivocal statement to the Provider, e.g. by e-mail to kontakt@pero.ro. The Consumer may use the form in Annex 1, but this is not obligatory. It is sufficient to send the statement before the deadline expires.

2. If the booked Session is to take place before the withdrawal period expires, making the booking constitutes the Consumer's express request that the Provider perform the service before the end of that period. The Consumer acknowledges that once the Session has been fully performed, the right of withdrawal is lost.

3. If the Consumer withdraws before the Session begins, the Provider refunds the full amount paid within 14 days of receiving the statement, using the same payment method used to pay for the booking.

4. If the Consumer withdraws after the Session has begun but before it has ended, the Consumer must pay for the service performed up to the moment of withdrawal, in proportion to the Session price.

5. The right of withdrawal described in this section is independent of the rescheduling and cancellation rules in §8. After the withdrawal period expires, §8 applies to cancellations.

§10. Liability

1. The Client is liable for damage to the Studio, equipment and fittings caused through the fault of the Client, Users or Participants. Liability does not cover ordinary wear and tear resulting from proper use. The amount of damage is determined on the basis of documented repair or replacement costs.

2. The Provider does not collect a deposit. The Client reports any damage promptly, at the latest before the end of the Session.

3. The Provider is liable to the Client under the general rules of law. Towards a Client who is not a Consumer, the Provider's liability is limited to the price of the Session to which the damage relates and does not cover lost profits.

4. The Provider is not responsible for items left in the Studio. Found items are kept for 30 days from the Session and may then be disposed of.

5. The Provider is not liable for the consequences of the Client's or Participants' failure to follow the equipment instructions, or for the loss of files that the Client did not copy within the time stated in §7(5).

§11. Complaints

1. Complaints regarding Sessions, payments or the operation of the Portal may be submitted by e-mail to kontakt@pero.ro, stating the booking details, a description of the subject of the complaint and the Client's expectations.

2. The Provider considers the complaint and informs the Client of the outcome by e-mail within 14 days of receiving it.

3. The Provider does not undertake to use out-of-court consumer dispute resolution and does not consent to take part in such proceedings, unless required by law. A Consumer may seek free assistance from the municipal or district consumer ombudsman or a consumer organisation, and may apply for mediation to the competent Voivodeship Inspector of the Trade Inspection. Information on out-of-court consumer dispute resolution is available on the website of the Polish Office of Competition and Consumer Protection (uokik.gov.pl).

§12. Personal data and video surveillance

1. The Provider is the controller of the personal data of Clients, Users and Participants. The rules for processing data, including information on data recipients, retention periods and the rights of data subjects, are set out in the Privacy Policy.

2. Video surveillance operates in the Studio and in front of its entrance, recording images only, without sound, for the protection of people and property. Detailed rules of the surveillance are set out in the Privacy Policy; a notice about the surveillance is also displayed at the Studio entrance. The Client informs Participants about the surveillance.

§13. References

1. The Provider may list the Client's name, podcast title or logo in the Studio's list of clients at pero.ro and on the Studio's social media. This does not include publishing recordings or excerpts of them.

2. The Client may object to such use at any time by writing to kontakt@pero.ro. The Provider removes the reference to the Client within 7 days of receiving the objection.

§14. Amendments to the Terms

1. The Provider may amend these Terms for important reasons, in particular in the event of changes in the law, changes in the scope or manner of providing services, technical changes to the Portal, or for security reasons.

2. The Provider notifies Clients holding an account of amendments by e-mail and in the Portal at least 14 days before they take effect. Continued use of the Portal after that date requires acceptance of the new version of the Terms. A Client who does not accept the amendments may request deletion of their account.

3. Bookings paid for before an amendment takes effect are governed by the Terms in their previous wording.

§15. Final provisions

1. These Terms are governed by Polish law. Matters not regulated herein are governed by the Polish Civil Code, the Act on Consumer Rights and the Act on Providing Services by Electronic Means.

2. Nothing in these Terms limits the rights of Consumers under mandatory provisions of law. In the event of a conflict, those provisions prevail.

3. Disputes with Clients who are not Consumers are settled by the court having jurisdiction over the Provider's registered seat.

4. These Terms have been drawn up in Polish. The English translation is for information purposes; in the event of discrepancies, the Polish version is binding.

5. Annex 1 forms an integral part of these Terms.

Annex 1 – Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: dioica Konrad Rzentarzewski, ul. Tadeusza Joteyki 13/44, 02-317 Warsaw, Poland, e-mail: kontakt@pero.ro

I/We(\*) hereby give notice that I/We(\*) withdraw from my/our(\*) contract for the provision of the following service: booking of a Session at Perorowisko Studio on ……………… at ……………… (booking number: ………………)

Date of conclusion of the contract (date of payment): ………………

Name of consumer(s): ………………

Address of consumer(s): ………………

Signature of consumer(s) (only if this form is submitted on paper): ………………

Date: ………………

(\*) Delete as appropriate.