Booquela Platform Terms of Service

Thank you for using Booquela.

The documents referred to in these Terms of Service include:

Privacy Policy, which describes how we collect and use personal data.
Service Fee Policy, which describes how Booquela service fees are charged to Studio Owners.
Review Policy, which establishes the terms under which Users may publish reviews on the Platform.
Community Guidelines, which set out the expectations for Users belonging to the Booquela community.
Platform Quality Policy, which defines the minimum quality thresholds for Studio Owners, how they are calculated, and the consequences of failing to meet them.

The above documents, rules, and policies are an integral part of these Terms of Service and form part of the binding legal agreement between you and Booquela. These documents are available on the Platform in the legal section in a manner that allows them to be read, downloaded, and stored. Booquela ensures their versioning and provides the current content of the documents at the time the User enters into the agreement.

These Booquela Platform Terms of Service ("Terms") constitute a binding agreement between you and the Platform Operator, governing your right to use the websites, applications, and other services provided by Booquela (collectively referred to as the "Platform").

The terms "Booquela", "Operator", "we", "us", or "our" as used in these Terms refer to C0D3 sp. z o.o. with its registered office in Krakow, ul. Karmelicka 27/301, 31-131 Krakow, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001194905, NIP 6762702494.

The Booquela Platform provides an online space that enables users ("Users") to publish, offer, search for, and book services related to the rental of photography studios. Users who publish and offer services are "Studio Owners" (or "Hosts"), and Users who search for, book, or use services are "Clients" (or "Guests"). Studio Owners offer photography rooms and related services and equipment (collectively referred to as "Studio Services"), with each individual Studio Service offered referred to as a "Listing".

Booquela, as the Platform provider, does not own, administer, offer, or manage any Listings or Studio Services. Booquela is not a party to contracts entered into directly between Studio Owners and Clients. Booquela acts solely as a technology intermediary facilitating the conclusion and performance of agreements between Users.

Terms for Clients

Searching for and booking Listings
Cancellations, Reservation issues and Refunds
Your responsibilities as a Client

Terms for Studio Owners

Hosting Clients on Booquela
Managing your Listing
Cancellations and Reservation changes by the Studio Owner
Taxes and fiscal obligations

General terms

Reviews
Content
Fees
Platform rules
Content moderation
Termination and suspension of the agreement
Complaint handling system
Modification of the Terms
Dispute resolution between Users
Role of Booquela
User accounts
Payments and payment services
Disclaimer
Liability
Applicable law and jurisdiction
Final provisions

Additional terms for Studio Owners operating as businesses

Operating a business on Booquela
Complaint handling and mediation for businesses

Terms for Clients

1. Searching for and booking Listings on Booquela

1.1 Searching and recommendations

You can search for Studio Services by selecting criteria such as location, date, hours, room type, equipment, and price range. You can also use filters to narrow your search results. Search results are based on their relevance to your search and other criteria. Relevance takes into account factors such as price, availability, reviews, location, popularity, and quality of the Listing's photos.

1.2 Booking a Listing

By booking a Listing, you agree to pay all charges for the Reservation, including the Listing price for the selected hours, costs of selected add-ons (Addons), any applicable deposit, taxes, and any other components of the calculation indicated on the payment page (collectively the "Total Price").

When you receive a Reservation confirmation, an agreement for the provision of Studio Services (a "Reservation") is entered into directly between you and the Studio Owner. In addition to these Terms, you will be subject to all Reservation terms, including the cancellation policy, studio regulations (if any), and any other rules set out in the Listing or on the payment page.

It is your responsibility to familiarize yourself with these rules and requirements before booking a Listing.

1.3 Booking a photography room

A room booking is a limited license to enter, occupy, and use the room and its equipment during the reserved time slot. The Studio Owner retains the right to enter the room during the Reservation, provided that this is: (i) genuinely necessary (e.g., for safety or technical reasons), (ii) permitted under the studio regulations, and (iii) permitted by applicable law.

If you remain in the room beyond the reserved time, the Studio Owner has the right to charge an additional fee for exceeding the Reservation time in accordance with the price list displayed in the Listing. You may not exceed the maximum number of persons specified in the Listing.

1.4 Add-ons (Addons)

During the booking process, you may select additional services or equipment offered by the Studio Owner ("Addons"), such as additional lighting, photography backdrops, audio-video equipment, or technical support. Addon prices are displayed on the Listing page and added to the Total Price of the Reservation. Addon availability may vary depending on the room and time slot.

2. Cancellations, Reservation issues and Refunds

2.1 Cancellations and refunds

As a general rule, if you cancel a Reservation, the amount of your refund will depend on the cancellation policy set by the Studio Owner and applicable to the given Reservation. The cancellation policy is clearly visible on the Listing page before making a Reservation.

In certain situations, other rules may take precedence:

Cancellation by the Studio Owner - if the Studio Owner cancels a confirmed Reservation, you are entitled to a full refund of the Total Price paid by the Client.
Force majeure - if the performance of a Reservation has become impossible due to an extraordinary, external event beyond the User's control, the consequences of which could not reasonably have been prevented (e.g., a natural disaster, an administrative decision closing the premises), the User may submit a request to Booquela for a partial or full refund. The request should include a description of the event and, where possible, documents confirming its impact on the performance of the Reservation. Booquela shall review the request, taking into account in particular: the nature of the event, its impact on the ability to perform the Reservation, the extent of services already rendered, the possibility of rescheduling, and costs already incurred and non-refundable. Booquela shall communicate its decision together with a brief justification within 14 days of receiving the complete request. The User may file an appeal in accordance with the complaint procedure described in Chapter 14.
Non-conformity with the Listing - if the room or equipment significantly differs from the description in the Listing, you may report a Reservation issue and seek a refund.

You may appeal Booquela's decision regarding a refund by contacting our support team.

2.2 Reservation changes

Studio Owners and Clients are responsible for any changes to a Reservation made through the Platform, including changes to dates, hours, or Addons, and agree to pay any additional amounts, fees, or taxes associated with Reservation changes. Reservation changes require the consent of both parties.

2.3 No-show

If you do not show up at the room at the reserved time and do not cancel the Reservation before the session starts, the Studio Owner may mark the Reservation as a no-show. A no-show is treated as a cancellation made after all deadlines specified in the Studio Owner's cancellation policy have passed, which means you are not entitled to a refund for that Reservation. The Studio Owner retains the full session fee.

Booquela recommends that Clients who know they will not be able to use their Reservation cancel as far in advance as possible - the earlier you cancel, the greater the chance of obtaining a partial or full refund in accordance with the applicable cancellation policy.

3. Your responsibilities as a Client

You are responsible for your own acts and omissions, as well as the acts and omissions of all persons whom you invite to the room or to whom you provide access. This also applies to all areas and facilities where the room is located and which the Studio Owner and Client are entitled to use in connection with the Reservation ("Common Areas").

This means in particular that:

(i) you are responsible for leaving the room (and associated equipment) and Common Areas in the condition they were in at the start of the Reservation;
(ii) you are responsible for any damage caused to the room, studio equipment, or the Studio Owner's property by you or persons invited by you;
(iii) you are responsible for paying any valid and confirmed amounts reported in a Damage Claim, as indicated in Section 16 of these Terms;
(iv) you must act honestly, treat others with respect, and always comply with applicable laws;
(v) you agree to use the room's equipment in accordance with its intended purpose and the Studio Owner's instructions;
(vi) you agree to promptly report to the Studio Owner any defects, damage, or irregularities found in the room or equipment.

If you make a Reservation for a minor or bring a minor with you, you must have legal authorization to act on their behalf and you bear sole responsibility for supervising that person.

Terms for Studio Owners

4. Hosting Clients on Booquela

4.1 Studio Owner

Booquela offers you, as a Studio Owner, the right to use the Platform in accordance with these Terms, enabling you to make your photography rooms and related services available to our community of Clients. Creating a Listing is simple and you have full control over the terms on which you accept Clients - you set the price, availability, equipment, and rules for each Listing.

4.2 Agreement with the Client

By accepting a Reservation request or receiving a Reservation confirmation (in the case of instant booking) through the Platform, you enter into an agreement directly with the Client and are responsible for providing the Studio Service on the terms and at the price specified in your Listing.

You also agree to pay applicable fees, such as the Booquela service fee (and applicable taxes) for each Reservation. Booquela will deduct the amounts owed from your payout, unless we mutually agree on a different form of payment.

Any terms contained in studio regulations or additional rules must: (i) be consistent with these Terms and (ii) be clearly visible in the Listing description or attached as legal documents of the studio on the Platform.

4.3 Independence of Studio Owners

Your relationship with Booquela is that of an independent person or entity, not an employee, agent, joint venturer, or partner of Booquela. Booquela does not supervise or control your Studio Service, and you confirm that you have full freedom to choose whether and when to provide Studio Services and at what price and on what terms to offer them.

4.4 Studio Team

If you use the team feature on the Platform to collaborate with employees, associates, or other persons ("Team Members"), you are responsible as the Studio Owner for their acts and omissions insofar as they relate to the provision of Studio Services. You are obliged to inform Team Members of the obligations arising from these Terms.

The management of Team Members' roles and permissions takes place in the Studio Owner Panel and is solely your responsibility. Booquela is not responsible for actions of Team Members taken within the scope of permissions assigned to them by you.

5. Managing your Listing

5.1 Creating and managing a Listing

The Platform provides tools to help you set up and manage your Listing, including an availability calendar, price list, time slot blocks, iCal synchronization with external calendars, and equipment and Addon management.

Your Listing must contain complete and accurate information about the Studio Service, in particular:

a current description of the room and its equipment,
the price (including any additional fees and pricing policy),
current photos showing the actual condition of the room,
rules and requirements applicable to Clients (e.g., maximum number of persons, restrictions on the type of session),
a current availability calendar.

You are responsible for ensuring that the information in your Listing is always up to date and accurate.

5.2 Knowledge of legal obligations

You are responsible for familiarizing yourself with and complying with all laws, rules, and regulations that apply to your Listing or the Studio Services you provide. This includes in particular:

business activity regulations,
health and safety regulations for premises made available to clients,
fire safety regulations,
personal data protection regulations (GDPR),
tax and accounting obligations,
local zoning and premises designation regulations.

Any information we provide regarding legal requirements is for informational purposes only and does not constitute legal advice. You are responsible for independently confirming your obligations. If you have doubts about the application of local regulations, seek legal advice.

5.3 Search results

The position of a Listing in search results on the Platform depends on various factors, including the following main parameters:

Client search parameters (e.g., location, date, price range, required equipment);
Listing details (e.g., location, price, calendar availability, number and quality of photos, reviews, ratings);
Client experience (e.g., Studio Owner response time, cancellation history);
popularity and engagement (e.g., number of views, saved Listings, completed Reservations).

Booquela does not offer paid promotion of Listings in search results. All Listings are treated equally in the search algorithm.

5.4 Your obligations as a Studio Owner

You are responsible for your own acts and omissions, as well as the acts and omissions of all persons to whom you entrust Client service or Listing management. You set the price and the rules and requirements for your Listing.

In particular, you agree to:

make the room available in a condition consistent with the description in the Listing,
maintain the room and equipment in good technical and sanitary condition,
respond to Reservations and messages from Clients in a timely manner,
keep availability and pricing up to date,
ensure the safe use of studio equipment,
promptly inform Clients of any significant changes to the Listing.

You may not charge Clients any additional fees outside the Platform, unless they relate to services expressly described in the Listing as payable on-site.

5.5 Studio legal documents

As a Studio Owner, you may create and publish legal documents on the Platform relating to your studio, such as studio regulations, room usage rules, or a supplementary fee schedule ("Studio Documents"). Studio Documents:

must be consistent with these Terms and applicable law,
must be available to Clients before making a Reservation,
may not impose obligations on Clients that conflict with these Terms,
may require acceptance by the Client during the Reservation process (if you mark them as required).

6. Cancellations and Reservation changes by the Studio Owner

6.1 Cancellations by the Studio Owner

As a Studio Owner, do not cancel a Client's Reservation without a valid reason. If you cancel a confirmed Reservation without a valid reason (e.g., force majeure, a sudden technical failure making the room unusable), Booquela:

will provide the Client with a full refund of the Total Price paid by the Client - the refund amount will be deducted from your payout for that Reservation,
may lower the position of your Listing in search results,
may display information about the cancellation on your profile.

In the event of a Reservation cancellation by the Studio Owner, if Booquela incurs reasonable and documented costs associated with arranging an alternative venue for the Client, Booquela may seek reimbursement of such costs from the Studio Owner. The total amount claimed may not exceed 200% of the Total Price of the cancelled Reservation plus PLN 500. Settlement of such a claim may be made in particular by means of an invoice, debit note, settlement adjustment, or payment demand, in accordance with applicable law.

The above right of Booquela constitutes solely a cost reimbursement mechanism between Booquela and the Studio Owner. It does not constitute a guarantee or obligation on the part of Booquela toward the Client to arrange an alternative venue, pay compensation, or provide any other form of benefit to the Client.

6.2 Payout in the event of cancellation

If a Client cancels a Reservation, the amount paid to you depends on the cancellation policy applicable to the given Reservation. If the Client receives a refund after you have received your payout, Booquela may recover the corresponding amount, including by deducting it from your future payouts.

7. Taxes and fiscal obligations

7.1 Studio Owner taxes

As a Studio Owner, you are responsible for determining and fulfilling your obligations under applicable tax law, as well as for the correct settlement of VAT or other taxes related to the Studio Services you provide. Booquela is not responsible for your tax obligations.

7.2 Tax information

Booquela may be required to collect or transmit your tax data to the relevant authorities in accordance with applicable law. In such a case, you agree to provide Booquela with all necessary documentation. If you fail to provide the required documentation, Booquela may withhold payouts until it is received.

General terms

8. Reviews

8.1 Writing reviews

After each Reservation is completed, the Client has the opportunity to write a review about the room and the Studio Service. A review includes an overall rating and ratings in individual categories (such as cleanliness, equipment, location, communication, value for money, and accuracy), and may also include a text description and tags.

Your review must be:

honest and based on your actual experience from the given Reservation,
free from discriminatory, offensive, vulgar, or defamatory language,
consistent with these Terms and applicable law.

8.2 Responses to reviews

The Studio Owner has the right to publish one response to each review. Responses are subject to the same rules as reviews.

8.3 No verification of reviews

Reviews are not verified by Booquela for substantive accuracy and may reflect the subjective feelings of Users. Booquela reserves the right to remove reviews that violate these Terms.

9. User Content

9.1 Publishing content

The Platform allows you to publish, share, or transmit photos, texts, descriptions, reviews, messages, and other content ("Content"). By making Content available, you grant Booquela a non-exclusive, worldwide, royalty-free license to access, use, store, copy, and display such Content to the extent related to the operation, presentation, and promotion of the Platform - for the duration of the agreement and for the period necessary to fulfill the purposes for which the Content was made available. Booquela's use of Content may not infringe upon the personal rights or legitimate interests of the User.

9.2 Responsibility for content

You bear sole responsibility for all Content you make available and warrant that:

you are the owner or have authorization to publish it,
the Content does not infringe the intellectual property rights or privacy rights of third parties,
the Content does not contain illegal, offensive, discriminatory, or misleading materials,
photos depict the actual and current condition of the rooms and equipment described.

9.3 Translations

Booquela may provide tools for translating Content between supported languages (Polish, English). Booquela does not guarantee the accuracy or quality of automatic translations. Users are responsible for confirming the accuracy of translations of their Content.

10. Fees

10.1 Booquela service fee for Studio Owners

Booquela charges Studio Owners a service fee for intermediation in the conclusion and handling of Reservations through the Platform. Unless expressly stated otherwise, the service fee is settled by deducting it from the amount owed to the Studio Owner for the given Reservation.

The amount of the service fee, the method of its calculation, and the rules for its settlement are specified in the Service Fee Policy, which constitutes an integral part of the Terms. The Studio Owner is informed of the applicable service fee before publishing a Listing and before changes to fees take effect, in accordance with the Terms modification rules.

10.2 Service fee and refunds

The service fee is charged on the amount actually retained by the Studio Owner. In the case of a full refund to the Client (in particular in the case of a Reservation cancellation by the Studio Owner), no service fee is charged. In the case of a partial refund, the service fee is proportionally adjusted. Details are set out in the Service Fee Policy.

11. Platform rules

11.1 General rules of conduct

You are required to comply with the following rules and may not help others to break or circumvent them:

Act honestly and treat others with respect:

Do not lie, mislead, or impersonate another person.
When communicating with or interacting with other Users, behave politely and respectfully.
Do not attempt to evade enforcement of these Terms, for example by creating duplicate accounts or Listings.
Do not discriminate against or harass other Users.

Respect the Platform and its infrastructure:

Do not use bots, robots, scrapers, or other automated tools to access data or Content on the Platform.
Do not hack the Platform or attempt to circumvent any security measures or technical solutions used to protect it.
Do not take any actions that could harm the performance or proper functioning of the Platform.

Use the Platform for its intended purpose:

You may use another User's personal data only to the extent necessary to perform a Reservation in accordance with these Terms.
Do not use the Platform, messaging system, or Users' personal data to send commercial messages without their explicit consent.
Do not send Reservation requests, make or accept Reservations, or make any payments outside the Platform to avoid fees, taxes, or for any other reason.
Do not engage in any practices aimed at manipulating the search algorithm.
Do not book Studio Services unless you or an authorized Client will actually use them.

Comply with the law:

Familiarize yourself with and comply with the laws applicable to you, including privacy and data protection laws.
Do not offer Studio Services that violate applicable laws or contracts.
Do not use the name, logo, brand, or trademarks of Booquela without our permission.

11.2 Reporting violations

If you believe that a User, Listing, or Content violates these Terms or applicable law, report your concerns to Booquela via the contact form or at [email protected]. If you believe there is an immediate threat to a person or property, immediately notify the appropriate authorities.

12. Content moderation

12.1 Monitoring Content

As a general rule, Booquela is not obligated to monitor Content provided by Users or to actively seek facts or circumstances indicating illegal activity. However, Booquela reserves the right to conduct investigations and take action to detect, remove, or disable access to illegal Content or Content that violates the Terms.

12.2 Reporting illegal content

Booquela provides Users and third parties, including designated trusted flaggers in accordance with Article 22 of Regulation (EU) 2022/2065, with the ability to notify Booquela of allegedly illegal content on the Platform.

12.3 Moderation process

In reviewing reports and conducting investigations, Booquela uses human review processes. If Booquela takes action regarding Content (including its removal or restriction of visibility), it will notify the User who published the Content, together with a justification of the decision, unless such notification would (i) prevent the detection or prevention of fraud, (ii) harm the legitimate interests of other Users, or (iii) violate applicable law.

13. Termination and suspension of the agreement and other measures

13.1 Term of the agreement

The agreement between you and Booquela, as reflected in these Terms, remains in effect until you or we terminate it in accordance with these Terms.

13.2 Termination by the User

You may terminate this agreement at any time by sending us an email at [email protected] or by deleting your account through the account settings on the Platform.

13.3 Termination by Booquela

Booquela may terminate the agreement with a User with 30 days' notice, sending the statement to the email address associated with the account, only for the following reasons:

permanent discontinuation of a given service or a significant change in the Platform's operating model,
a significant change in legal, technical, or economic conditions making it impossible to continue providing the service on the existing terms,
repeated violations of the Terms of minor severity, despite prior request to cease or remedy the effects of the violation.

In the termination notice, Booquela shall state the reason for termination and inform about the effects on active Reservations.

Booquela may terminate the agreement with immediate effect only in the cases specified in Section 13.4, in particular in the event of a serious violation of law, the Terms, Platform security, or the rights of other Users. Your account may also be closed if it has been inactive for more than two years - in such a case Booquela will inform you 30 days in advance.

13.4 Measures in the event of violations

If a User violates the Terms, applicable law, or the rights of third parties, Booquela may apply the measures set out below, in accordance with the principle of proportionality and appropriate to the type, severity, and recurrence of the violation.

In particular, Booquela may apply the measures provided for in this section if:

the Studio Owner's average rating falls below the minimum quality threshold specified in the Platform Quality Policy, calculated in accordance with the rules set out therein, or
the User cancels at least three confirmed Reservations without a valid reason within a period of 12 consecutive months, or
it is necessary to protect User safety, Platform integrity, or legal compliance.

Measures that Booquela may apply include:

suspension or restriction of access to the Platform or account,
suspension or removal of Listings, reviews, or other Content,
cancellation of pending or confirmed Reservations,
suspension or cancellation of any special status associated with the User's account.

Before applying a measure, unless safety concerns, a legal obligation, or the need for immediate action dictate otherwise, Booquela will inform the User of the reason for the planned action. The User may submit explanations or a complaint in accordance with the procedure described in Chapter 14.

13.5 Effects of account closure

Account closure does not automatically extinguish rights and obligations arising from Reservations entered into before the date of account closure.

If a Studio Owner requests account closure and the account has active Reservations, Booquela may:

defer the effective closure of the account until the completion or settlement of those Reservations, or
cancel active Reservations on behalf of the Studio Owner, providing Clients with a full refund of the Total Price.

If a Client requests account closure and the account has active Reservations, account closure does not automatically cancel those Reservations. Booquela may maintain the account in a restricted mode solely to the extent necessary for communication, service, and settlement of active Reservations, and close the account after their completion or effective cancellation.

Regardless of account closure, Booquela may retain data to the extent and for the period necessary to fulfill legal obligations, settlements, and the pursuit or defense of claims.

After account closure, you have no right to restore your account or published Content. If your account has been suspended or the agreement has been terminated by us, you may not create a new account or access the Platform through another User's account.

14. Complaint handling system

14.1 Complaint about Booquela's actions

If you are a User and Booquela takes action against you under Section 13.4 (including removal of Content, suspension of a Listing, or restriction of your account), you may file a complaint through our internal complaint handling system. You may file a complaint by contacting us at [email protected] within six (6) months of the date on which you were informed of the actions taken.

14.2 Complaint review

Booquela will review your complaint without undue delay, taking into account all relevant circumstances. We will inform you of our decision together with a justification within 14 days of receiving the complaint.

14.3 Out-of-court dispute resolution

Users have the right to choose a certified out-of-court dispute resolution body in accordance with Article 21 of Regulation (EU) 2022/2065 to resolve disputes related to actions taken by Booquela under Section 13.4, including complaints that have not been resolved through our complaint handling system.

14.4 Customer service

For all other questions and issues that are not subject to the above complaint handling system, Users may contact our support team at [email protected].

15. Modification of the Terms

15.1 Notification of changes

When we propose changes to these Terms, the updated Terms will be published on the Platform and marked with the date of the last update. We will notify you of the proposed changes by email at least thirty (30) days before the date on which the changes take effect.

15.2 Material changes

If the proposed changes are of a material nature, we will ask you for explicit acceptance of the amended Terms. The notification will include information about your right to reject the proposed changes and your right to terminate the agreement before the date the changes take effect.

15.3 Non-material changes

In the case of non-material changes that do not affect the core provisions of the Terms, or changes required by law, a final court judgment, or a binding decision of a competent authority, continued use of the Platform after the date the changes take effect will constitute acceptance of the updated Terms.

16. Dispute resolution and damage claims between Users

16.1 Damage claim by the Studio Owner

If the Studio Owner provides credible evidence that you or persons invited by you are responsible for directly causing:

(i) loss of or damage to room equipment, Studio Owner's property, or property for which the Studio Owner is responsible,
(ii) loss of income from Reservations made through the Platform resulting directly from the damage described in point (i) above,
(iii) the Studio Owner incurring costs of additional cleaning beyond normal use

(each of the above constituting a "Damage Claim") - the Studio Owner may submit a claim to you through the messaging system on the Platform. You will receive a notification of the Damage Claim and will have the opportunity to respond.

16.2 Booquela mediation

If you and the Studio Owner cannot reach an agreement regarding a Damage Claim, either party may turn to Booquela for mediation of the dispute. Booquela will review the claim and ask both parties to provide any required evidence (e.g., photos, invoices, inspection reports).

No decisions made by Booquela in the course of mediation affect your statutory rights. Your right to take legal action remains unaffected.

16.3 Security deposit and damage claim deadline

If a security deposit has been provided for a given Reservation, the deposit funds remain temporarily blocked for the purpose of settling any damages, shortages, or other violations of the terms of use of the Studio.

The Studio Owner may report damage or other claims relating to the security deposit within 72 hours of the scheduled end of the reserved session.

If no damage or claim relating to the security deposit is reported within the above deadline, the deposit shall be released or refunded in accordance with the settlement method adopted for the given Reservation.

In the event that the Studio Owner reports a claim relating to the security deposit before the expiry of the above deadline, Booquela may temporarily withhold the return or release of the deposit only for the time necessary to conduct the investigation and settlement procedure. As part of this procedure, Booquela may obtain the positions of the parties, verify the information and documents provided, and inform the parties of the method of settling the deposit in accordance with the Terms.

If the claim is not upheld, the deposit shall be promptly refunded or released in accordance with the settlement method adopted for the Reservation.

16.4 Cooperation in disputes

You agree to cooperate in good faith and provide all information required to resolve a dispute regarding Damage Claims.

17. Role of Booquela

We offer you the right to use the Platform, which enables Users to publish, offer, search for, and book Studio Services. When Users make or accept a Reservation, they enter into an agreement directly with each other.

Booquela is not and does not become a party to or other participant in any contractual relationship between Users. Booquela does not act as an agent of any User, except for processing payments through Stripe services, which constitutes a separate technical service.

Although we make every effort to provide our Users with the best possible experience using the Platform, we do not and cannot control the behavior of Clients and Studio Owners and do not guarantee:

(i) the existence, quality, safety, suitability, or legality of any Listings or Studio Services,
(ii) the truthfulness or accuracy of Listing descriptions, reviews, or other Content provided by Users,
(iii) the technical condition of rooms or equipment offered by Studio Owners.

Booquela reserves the right to review, monitor, and moderate Content on the Platform for the purpose of: (i) operating, securing, and improving the Platform; (ii) ensuring User compliance with these Terms; (iii) complying with applicable law; and (iv) maintaining Listing quality standards. In the event of removal or restriction of Content, we will notify the User and provide reasons for the decision, subject to the exceptions described in Section 13.4.

18. User accounts

18.1 Registration

To use the full functionality of the Platform (including making Reservations, publishing Listings, writing reviews, and using the messaging system), you must create an account. Registration is permitted only for natural persons who are at least 18 years old, and for legal entities and organizational units with legal capacity.

18.2 Account information

During registration, you must provide accurate, current, and complete information and keep it up to date. You are responsible for:

the truthfulness of the information provided,
maintaining the confidentiality and security of your login credentials,
all activities conducted through your account (unless such activities were not authorized by you and you promptly notified Booquela of unauthorized access).

You may not transfer your account to another person. You may not hold more than one account on the Platform.

18.3 Verification

Booquela may, to the extent permitted by applicable law, ask you to provide identification documents or other information for the purpose of verifying your account. We may refuse registration or suspend an account if you do not provide the required information.

19. Payments and payment services

19.1 Payment processing

Payments for Reservations are processed through the Stripe, Inc. ("Stripe") system. By making a payment, you accept the Stripe terms of service. Booquela does not store Users' payment card data - such data is processed exclusively by Stripe in accordance with PCI DSS standards.

19.2 Payment policies

The Studio Owner may apply different payment policies to their Listings:

Upfront payment - the full amount is charged at the time of Reservation,
Deposit - a portion of the amount is charged at the time of Reservation, the remainder before the session,
Deferred payment - the amount is charged at a specified date after the Reservation.

The applicable payment policy is visible on the Listing page and payment page before making a Reservation.

19.3 Payouts to Studio Owners

Payouts to Studio Owners are made via Stripe Connect to the bank account linked to the Studio Owner's Stripe account. Booquela deducts the applicable service fees before making the payout.

The payout of funds owed to the Studio Owner for a Reservation is made, as a general rule, no earlier than 24 hours after the scheduled end of the reserved session. Booquela may withhold the payout for longer only to the extent necessary for the proper settlement of the Reservation, in particular in connection with a refund, complaint, incident report, security deposit settlement, commission settlement, or an obligation arising from the law or the rules of the payment service provider.

19.4 Refunds

Refunds are made to the same payment method used for the original payment. The refund processing time depends on the payment operator and the Client's bank. Booquela is not responsible for delays in refund processing resulting from the operation of external systems.

19.5 Currencies

Prices on the Platform are expressed in Polish zloty (PLN), unless the Studio Owner determines otherwise. Currency conversions (if applicable) are made by Stripe at the current exchange rate.

20. Disclaimer

Booquela does not endorse or guarantee:

the existence, conduct, performance, safety, quality, legality, or suitability of any Client, Studio Owner, any Studio Service, Listing, or third party,
that verification conducted with respect to Users will identify past misconduct or prevent future misconduct,
the technical condition, safety, or suitability of photography rooms and their equipment.

Any references to a "verified" User indicate only that the User has completed the applicable identity verification process.

Booquela is not responsible for interruptions in access to the Internet or telecommunications infrastructure over which we have no control. Booquela may temporarily limit the availability of the Platform or some of its features for security, maintenance, or update reasons, informing Users with appropriate advance notice where possible.

21. Liability

21.1 Unlimited liability

Booquela bears unlimited liability for damages arising from:

loss of life, bodily injury, or damage to health resulting from negligence or intentional breach of duty by Booquela, its representatives, or agents,
intentional breach of duty or gross negligence on the part of Booquela, its representatives, or agents.

21.2 Limitation of liability

Booquela is not liable for damages resulting from a failure to exercise due care, except for damages resulting from breaches of material contractual obligations. In the case of such damages, Booquela's liability is limited to typical, foreseeable damages.

Material contractual obligations are obligations of Booquela on which the User regularly relies and must rely for the proper performance of the agreement (e.g., providing access to the Platform, proper processing of Reservations and payments).

21.3 Liability of individuals

To the extent that Booquela's liability is excluded or limited, this also applies to the personal liability of representatives, employees, and other persons acting on behalf of Booquela.

21.4 Force majeure

Booquela is not liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by force majeure, understood as an external event that was impossible to foresee and prevent (including in particular: natural disasters, epidemics, war, acts of terrorism, strikes, failures of telecommunications infrastructure independent of Booquela, decisions of public authorities).

22. Applicable law and jurisdiction

22.1 Governing law

These Terms are governed by and interpreted in accordance with the law of the Republic of Poland. If you are a consumer and the applicable consumer protection regulations in your country of residence within the EEA provide more favorable protection, such regulations shall apply regardless of the application of Polish law.

22.2 Jurisdiction

As a consumer, you may bring legal proceedings relating to these Terms before the competent court in your place of residence or the competent court in Krakow. If Booquela wishes to enforce its rights against you as a consumer, we may do so only before the court having jurisdiction over your place of residence.

If you act as a business, the competent court is the common court in Krakow.

22.3 Out-of-court consumer dispute resolution

We inform you that a consumer has the right to use out-of-court methods of handling complaints and pursuing claims, including:

applying to a permanent consumer arbitration court for dispute resolution (Article 37 of the Trade Inspection Act),
applying to the Provincial Inspector of Trade Inspection to initiate mediation proceedings,
seeking assistance from the District (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection.

23. Final provisions

23.1 Entire agreement

These Terms, together with the documents to which they refer, constitute the entire agreement between Booquela and you regarding access to or use of the Platform and supersede all prior oral or written agreements on the subject.

23.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a competent court, such provision shall be severed to the minimum extent necessary and shall not affect the validity and enforceability of the remaining provisions.

23.3 No waiver

Failure by Booquela to enforce any right or provision of these Terms does not constitute a waiver of that right or provision, unless confirmed by Booquela in writing.

23.4 Assignment

You may not assign, transfer, or delegate this agreement or your rights and obligations arising from it without the prior written consent of Booquela. Booquela may assign this agreement to another entity with 30 days' advance notice and with respect for your right to terminate the agreement.

23.5 Notices

All notices or communications to Users will be delivered by Booquela electronically, i.e., via email to the address provided on the User's account or via notifications on the Platform. The User is responsible for maintaining a current email address on their account.

23.6 Third-party services

The Platform may contain links to websites, applications, or services of third parties. Booquela is not responsible for the content, policies, or practices of such external services, and links to them do not constitute a recommendation.

23.7 Digital accessibility

Booquela strives to ensure that the Platform is digitally accessible to all Users, in accordance with applicable accessibility standards (WCAG). If you encounter accessibility issues, please contact us at [email protected].

23.8 Contact

For all matters relating to these Terms or the use of the Platform, please contact:

Email: [email protected]
Mailing address: C0D3 sp. z o.o., ul. Karmelicka 27/301, 31-131 Krakow
KRS: 0001194905
NIP: 6762702494

Additional terms for Studio Owners operating as businesses

24. Operating a business on Booquela

24.1 Scope of application

If you declare that you use the Platform for the purpose of offering Studio Services to consumers as part of your commercial, business, craft, or professional activity ("Studio Owner operating as a business"), the following additional terms apply.

24.2 Compliance with EU law

As a Studio Owner operating as a business, you agree to offer on the Platform only Studio Services that comply with applicable European Union law and Polish law, including consumer protection regulations, GDPR, tax law, and commercial law.

24.3 Required information

To offer Studio Services as a business on the Platform, you must provide Booquela with at least the following information (as applicable):

full name or business name, registered address, phone number, and email address,
a copy of an identification document or other electronic document confirming identity,
payment account details (for payouts via Stripe Connect),
trade register information (KRS, CEIDG, or equivalent) and your registration number,
NIP.

You will not be able to publish Listings on the Platform until Booquela has assessed whether the information provided is credible and complete.

24.4 Updating information

You are responsible for the accuracy of the information provided and are obliged to keep it up to date. If you fail to update your information within a reasonable time, Booquela may suspend the publication of your Listings until the required information is provided.

25. Complaint handling and mediation for businesses

25.1 Complaint handling system

If you are a Studio Owner operating as a business with a registered office in the EEA, you have access to Booquela's internal complaint handling system, compliant with Article 11 of Regulation (EU) 2019/1150. The system enables you to file a complaint regarding in particular:

suspension or removal of your Listing or account,
restriction of the visibility of your Listing in search results,
changes to ranking rules affecting your Listing,
withholding or reduction of payouts.

25.2 Mediation

If a complaint filed through the internal complaint handling system is not resolved to your satisfaction, you have the right to use a mediation service. Information about available mediators is published on the Platform in the help section.

Platform Operator:

C0D3 sp. z o.o. ul. Karmelicka 27/301, 31-131 Krakow KRS 0001194905 | NIP 6762702494 Email: [email protected]