The founders of Fetish Chateau are grateful to you for your co-operation in following these terms and conditions. They are designed for transparency, respect for other people and safe use of our unique studio.

§ 1.

Definitions:

Administrator – in accordance with art. 13 sec. 1 and sec. 2 the current review of personal data of April 27, 2016 (GDPR), we inform you that the Administrator of the personal data left behind is EVIL ART, NIP 5272929327 REGON 386310307;

Fetish Chateau – BDSM studio run by EVIL ART, NIP 5272929327 REGON 386310307;

Guest – a person who makes a reservation and rents space in Fetish Chateau;

Calendar – a place on the fetishchateau.com website, where the Guest can make a reservation at Fetish Chateau;

Consumer – an actual person who performs a legal transaction with Fetish Chateau not directly related to its business or professional activity;

Fetish Chateau menu – quick reference guide for Items;

Accompanying person – persons invited by the Guest and staying in his presence at the Fetish Chateau, for which the Guest is fully responsible;

Area – level -1, 0, and 1 in the Fetish Chateau building available for use by Fetish Chateau guests;

Items – all items made available to Fetish Chateau guests during the rental period;

Regulations – these Regulations;

Equipment – all movable items located on the surface and on the premises of Fetish Chateau, both being independent items or permanently connected to the property, e.g. BDSM furniture.

§ 2.

  1. Fetish Chateau is a three-storey facility. On level -1 there is a dark room and an office room. At level 0 there is a throne room. On level 1 there is a sissy room, latex room and medical room.
  2. Guests can book the Fetish Chateau area by hours or days.
  3. Reservations and use of the Fetish Chateau Area may only be made by adults.
  4. The minimum rental period for the Space is 4 hours. The rental begins at the time selected by the Guest based on availability in the Calendar. If you do not leave the Space within 15 minutes from the end of the Space’s lease term, a fee will be charged in the amount equal to the rate for the shortest possible lease period, that is for 3 hour rent of the Space increased by 100% of the rate. For each subsequent exceeding of the rental hour, a fee will be charged in the amount equal to the rate for the shortest possible rental period, that is for 3 hour rental of the Space increased by 100% of the rate. Nevertheless, Fetish Chateau reserves the right to ask the Guest and Accompanying Persons to leave Fetish Chateau if they do not leave the Area within 15 minutes from the end of the rental period.
  5. It is forbidden to sublet the Fetish Chateau Area by Guests or Accompanying Persons
  6. The price list for space rental is available on the fetishchateau.com website in the Bookings & Price List tab. The price list does not constitute an offer within the meaning of Art. 66 of the Civil Code. The price becomes binding upon confirmation of the booking.
  7. Fetish Chateau reserves the right to pre-authorize a credit card or collect a cash deposit in the amount of the fee for the rental of the Fetish Chateau Area due to the deposit. If no damage or other shortcomings are found when using the Area by the Guest or Accompanying Persons, the deposit shall be returned within 3 working days to the Guest’s account. The moment of returning the deposit is considered to be the posting of the transfer from the Fetish Chateau bank account. The amount of the deposit is included in the Price List.
  8. Payment for the reservation is charged in advance.
  9. In the event of cancellation of the reservation within less than 48 hours before the start of the rental, the Guest is not entitled to a refund, except for the deposit. In the period between the third and seventh day before the start of the rental, the Guest is only entitled to a free transfer of the booking to another date, the deposit is not refundable. In the event of cancellation of the reservation more than 7 days before the commencement of the lease of the Space. The guest is entitled to a full refund including the deposit.
  10. A request to extend the reservation may be made by the Guest at any time. Fetish Chateau takes into account requests to extend the reservation as far as possible.

§ 3.

  1. Prices of all visible booking configurations on the Fetish Chateau website, ie fetishchateau.com are gross prices (including VAT) and are expressed in Polish zlotys and in euro. Payments in euro may only be made to bank account PL75 1160 2202 0000 0005 1986 5037 (SWIFT: BIGBPLPW). If a payment is made in Euro to another account resulting in an automatic conversion, Fetish Chateau is entitled to request that the payment be topped up with an amount equal to the difference in the currency conversion.
  2. The prices on the website fetishchateau.com constitute commercial information only and not an offer within the meaning of the Civil Code. The prices become binding upon confirmation of the booking.
  3. Fetish Chateau accepts payments in the following ways:
    • a. by transfer via the payment service – [Online payments];
    • b. traditional transfer to a bank account PL75 1160 2202 0000 0005 1986 5037 (SWIFT: BIGBPLPW);
  4. Unconfirmed or unpaid reservations will be canceled if 24 hours have elapsed since the reservation is made by the Guest. The date of payment is the date on which the Fetish Chateau bank account is credited.
  5. In the event of partial payment of the booking price, the entire booking is canceled.
  6. In the case of a Consumer, Fetish Chateau issues a receipt as proof of sale, in the case of entrepreneurs Fetish Chateau issues an invoice as proof of sale. At the request of the Consumer, Fetish Chateau may issue a VAT invoice. If an invoice is issued, the Guest is obliged to inform Fetish Chateau about it before making the payment.

§ 4.

The Guest who is a Consumer is not entitled to withdraw from the contract. According to Art. 38 of the Consumer Rights Act, the right to withdraw from a contract concluded outside the business premises or at a distance is not available to the Consumer in relation to contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the contract specifies the day or period of service provision.

§ 5.

  1. The Guest is entitled to use the Area with Accompanying Persons. The Guest accepts full responsibility for the Accompanying Persons. The maximum number of people sharing the Area with the Guest must not exceed 6 people. In the event of planning more than one Accompanying Person, the Guest is obliged to obtain the prior consent of Fetish Chateau. For this purpose, please contact us by e-mail contact@fetichchateau.com or by telephone +48 729 977 768.
  2. Fetish Chateau is not responsible for items left or lost by Guests and Accompanying Persons. Personal belongings left by the departing Guest or Accompanying Persons will be stored for a period of 3 months. At the Guest’s request, they can be sent to the address provided after payment for shipping. After three months, the items are disposed of.
  3. Fetish Chateau reserves the right not to make the Fetish Chateau Area available to everyone. Fetish Chateau is under no obligation to justify its decision.
  4. Fetish Chateau is also entitled to ask a given person to leave the Fetish Chateau Area and premises without giving any reason, also in the event that such a person does not breach the provisions of the Regulations or the rules of using the Fetish Chateau Area or area. In the event that, due to the Guest asking the Guest to leave the space, it turns out to be pointless and the Guest withdraws from the Agreement, the Guest is reimbursed the price in part for the unused rental period.
  5. If a person who:
    • a. has been asked to leave Fetish Chateau in the situation referred to in paragraph 4 and was informed about the entry ban in the future;
    • b. or who has been denied entry to Fetish Chateau and has been informed that entry is denied for the future;

    will be asked to leave, and the Guest is not entitled to a refund, regardless of whether such a person had the status of a Guest or an Accompanying Person.

  6. Guests and Accompanying Persons are obliged to use the Fetish Chateau Area in a proper way and not disturb the peace of third parties and neighboring properties, in particular during the night hours, i.e. from 22:00 to 6:00 am.
  7. Everyone is welcome at Fetish Chateau, regardless of gender, age, sexual orientation, disability, physical appearance, body size, race or religion.
  8. It is strictly forbidden to take photos or videos of people on the Fetish Chateau Surface without their consent. The Guest and Companions are only entitled to take photos, videos or sound recordings only of the persons on their booking. There is absolute discretion at Fetish Chateau.
  9. The Guest and Accompanying Persons are obliged to leave the Area in the condition in which they found the Area. If it is necessary to clean in excess of the usual method, the Guest may be required to cover the costs of cleaning or removing damage. When leaving the Fetish Chateau Area, remember to put the used Items on the place for disinfection (the Guest is obligated to pre-clean the Items with an agent intended for this purpose), turn off the lights, turn off the electrical devices, turn off the water and close the door.
  10. There is a total ban on the use of items, in particular electrical items that do not meet the standards for this type of equipment in the EU, eg devices with a different voltage.
  11. There is a total ban on smoking throughout the Area and in the Fetish Chateau, including electronic cigarettes, except in places intended solely for this purpose, i.e. the smoking room located on level -1 at the back of the Dark Room
  12. The penalty for non-compliance with the prohibition from the above point is PLN 950
  13. It is strictly forbidden to bring animals into the Fetish Chateau grounds and premises, except with the prior and express consent of Fetish Chateau.

§ 6.

  1. The Guest and Accompanying Persons bear full factual and legal responsibility for damage to property, in particular the building, Equipment and Objects made available for use. In the event of damage, the Guest or Accompanying Persons must notify Fetish Chateau immediately.
  2. The Guest bears full and joint responsibility for the Accompanying Persons.
  3. The Guest and Accompanying Persons use the equipment and Items made available at Fetish Chateau exclusively at their own risk. The Guest and Accompanying Persons are obliged to read the operating instructions before using the individual Objects or Equipment. Reading the Fetish Chateau Menu does not constitute reading the instruction manual referred to in the previous sentence.
  4. In the event of a breach of these Regulations or the terms of use of the Fetish Chateau Area, Fetish Chateau is entitled to cease providing the service and ask the Guest and Accompanying Persons from the Fetish Chateau Area and area. In this case, the Guest is not entitled to a refund for the unused booking. In addition, the Guest and Companions may be required to compensate for any damage caused directly or indirectly through their fault and to cover any costs incurred as a result of improper use of the Fetish Chateau Area and items therein, including lost profits, in particular the payment of compensation in the amount corresponding to the rent for the rental of the Area for the rental downtime due to the need to liquidate all damages.
  5. It is strictly forbidden to remove any Items or Equipment from the Fetish Chateau Surface. The Equipment and Items are the property of Fetish Chateau and any misappropriation or theft will be reported to law enforcement.
  6. The imposition of a financial penalty does not preclude Fetish Chateau from seeking damages on general terms.

§ 7.

  1. A complaint may be submitted in any form. The guest may submit a complaint to the e-mail address of Fetish Chateau contact@fetishchateau.com. In the content of the complaint, the Guest should describe his issues and specify his request.
  2. Within 14 days from the date of filing the complaint, Fetish Chateau will consider its legitimacy. If the complaint is not considered within 14 days, the complaint is considered justified.

§ 8.

  1. Due to article 13 point 1 and 2 of 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), the Administrator of your personal data is EVIL ART, NIP 5272929327 REGON 386310307, e-mail: contact@fetishchateau.com
  2. If the Guest has questions regarding the way of processing and scope of processing of personal data by FC, as well as Guest’s rights, Guest has possibility to contact FC at contact@fetishchateau.com
  3. If the processing of personal data is based on the consent of the Guest, provision of personal data is voluntary.
  4. Provision of personal data is obligatory when the the processing of personal data is based on legal provision or an agreement concluded between the parties.
  5. The Guest’s personal data will be processed:
    • a. based on Article. 6 sec. 1 lit. a) – f) GDPR in order to conclude an agreement with FC and perform the contract concluded with the Guest.
    • b. in order to answer the question provided in the contact form or to answer the complaint, as well as to perform legal obligations imposed on FC, to detect and prevent abuse, to defend and pursue claims, to make direct marketing, to make compilations, analyzes and statistics, to verify payment credibility, to handle complaints and notifications, to maintain technical support, to make financial settlements, including issuing accounting documents,
    • c. on the basis of a legal provision, i.e. art. 6 sec. 1 lit. b) and lit. c) GDPR, without required Guest’s consent for processing of personal data – to the extent which is necessary to perform the contract concluded with the Guest, as well as to the extent which is necessary for FC to take action at the Guest’s request and to the extent which is necessary to fulfill the legal obligation imposed on FC,
  6. Personal data will be stored for the period necessary to achieve the purposes set out above, until the claims under the contract / provision of services terminates or until the obligation to store data resulting from legal provisions expires, in particular the obligation to store accounting documents regarding the contract.
  7. Due to processing of Guest’s personal data, Guest has the following data protection rights:
    • a. the right to access, including receiving a copy od your data
    • b. the right to request rectification (correction) of personal data – if the data is incorrect or incomplete;
    • c. the right to request the deletion of personal data (the so-called right to be forgotten), if:
      • I. the data is no longer necessary for the purposes for which data was collected or otherwise processed,
      • II. the person whose personal data applies has objected to the processing of personal data,
      • III. the person whose personal data applies has withdrawn consent to the processing of personal data, which is the basis for data processing and there is no other legal basis for data processing,
      • IV. personal data is processed unlawfully,
      • V. personal data must be deleted in order to comply with the legal obligation;
    • d. the right to request the restriction of the processing of personal data, if:
      • I. the person whose personal data applies questions the correctness of personal data,
      • II. data processing is unlawful and the person whose personal data applies opposes the deletion of data, requesting their restriction instead,
      • III. The Administrator no longer needs the data for his purposes, but the person whose personal data applies needs them to establish, defend or pursue claims,
      • IV. the person whose personal data applies has objected to the processing of data until it is determined whether the legitimate grounds on the part of the Administrator override the grounds of objection;
    • e. the right to transfer data – if the following conditions are jointly fulfilled:
      • I. data processing takes place on the basis of an agreement concluded with the person whose personal data applies or on the basis of the consent expressed by that person,
      • II. the processing is carried out in an automated manner;
    • f. the right to object to data processing – if the following conditions are jointly fullfilled:
      • I. there are reasons related to a special situation, in the case of data processing are based on task carried out in the public interest or becomes as part of the exercise of public authority by the Administrator,
      • II. processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where these interests are overridden by the interests or fundamental rights and freedoms of the person whose personal data applies that require protection of personal data.
    • If the processing of personal data takes place on the basis of the Guest’s consent for the processing of personal data (Article 6 (1) (a) of the GDPR), the Guest has the right to withdraw his consent at any time. This withdrawal does not affect the compliance of the processing, which was carried out on the basis of consent before its withdrawal, with applicable law.
    • Due to the processing of data for the purposes referred to in point 6 of the Guest, personal data may be transferred to entities that help run the Fetish Chateau business, i.e. website designers, as well as to companies carrying out shipments, payment service providers and providing ongoing legal services, audits etc.
    • The guest’s personal data may exceptionally be transferred to our partners processing them outside the European Economic Area (EEA), but only to the extent which is necessary, related to the provision of services by these partners, especially IT services (e.g. data storage in the cloud) and supporting functionalities Fetish Chateau.
    • In the event of becoming aware of the unlawful processing of Guest’s personal data, the Guest has the right to submit a complaint to the supervisory authority which responsible for the protection of personal data.

§ 9.

  1. The content which is published on the Fetish Chateau’s website is the property of Fetish Chateau or third parties’ that entitled Fetish Chateau to use the content.
  2. Any content published on the Fetish Chateau website is protected by copyright and may not be used or changed without the consent of the owner.

§ 10.

  1. By commencing the usage of the Fetish Chateau Area by the Guest or Accompanying Persons, the Guest and Accompanying Persons confirm that they have read and accepted this Policy.
  2. The provisions of the Policy apply to all persons staying at the Fetish Chateau Area.
  3. Policy is under polish law.
  4. Firstly, parties try to solve any disputes amicably. If parties does not make a settlement or one of the party delays unjustified to resolve amicably, the party may pursue claims in court. Detailed information is available at the headquarters or on the websites of (municipal) consumer ombudsmen and on the websites of the Office of Competition and Consumer Protection www.uokik.gov.pl
  5. Policy may be amended in the future. Old Policy applies to all Agreements which has been concluded before renewal.
  6. The Policy comes into force ath the moment of publishing it on the Fetish Chateau website.