1. General Provisions
1.1. These Terms of Service define the rules for using the Booquela online platform, available at booquela.com and booquela.pl.
1.2. The platform is operated by C0D3 sp. z o.o., with registered office at ul. Karmelicka 27/301, 31-131 Krakow, Poland, entered into the National Court Register under KRS 0001194905, Tax ID (NIP) 6762702494, hereinafter referred to as the "Operator".
1.3. Definitions:
- Platform - the Booquela online service enabling photography studio bookings
- User - any person using the Platform
- Client - a User making a room booking
- Studio Owner - a User making rooms available for booking
- Studio - a photography facility registered on the Platform
- Room - a single space within a Studio available for booking
- Booking - a rental agreement for a Room for specified hours
2. Platform Usage Rules
2.1. Using the Platform is free for Clients. Studio Owners pay a commission on completed bookings according to the current pricing schedule.
2.2. Users agree to use the Platform in accordance with applicable law, these Terms of Service, and good practices.
2.3. Publishing unlawful, offensive, or third-party rights-infringing content is prohibited.
3. Registration and User Account
3.1. Full use of Platform features requires creating a user account.
3.2. Users agree to provide truthful and current information during registration.
3.3. Users are responsible for maintaining the confidentiality of their login credentials.
3.4. The Operator reserves the right to suspend or delete accounts that violate these Terms.
4. Booking Process and Agreement
4.1. Room booking is done by selecting an available time slot in the calendar and confirming the booking.
4.2. The rental agreement is concluded between the Client and the Studio Owner. The Operator acts as a technology intermediary.
4.3. Booking details, including date, hours, price, and any add-ons, are confirmed at the time of booking.
4.4. Studio Owners may use an instant confirmation or manual approval booking policy.
5. Payments
5.1. Booking payments are processed through the Stripe payment system.
5.2. The Operator does not store Users' payment card data. This data is processed exclusively by Stripe in compliance with PCI DSS standards.
5.3. Room prices are set by Studio Owners and may vary depending on the day of the week, time, and period.
5.4. Studio Owners may apply different payment policies: upfront payment, deposit, or deferred payment.
6. Cancellation and Refunds
6.1. Cancellation terms are defined by the Studio Owner in their account settings.
6.2. Clients may cancel a booking in accordance with the cancellation policy applicable to the given Studio.
6.3. If a booking is cancelled by the Studio Owner, the Client receives a full refund of the amount paid.
6.4. Refunds are processed to the same payment method used for the original transaction.
7. User Obligations
7.1. Client Obligations:
- Arriving at the Studio at the booked time
- Using Room equipment according to its intended purpose
- Reporting any damages
- Leaving the Room in its original condition
7.2. Studio Owner Obligations:
- Providing the Room as described on the Platform
- Maintaining the Room in good technical and sanitary condition
- Responding promptly to bookings and messages
- Keeping availability and pricing up to date
7a. Additional Definitions
7a.1. Deposit - a refundable monetary amount collected in connection with a Booking as security for Studio claims arising from the Room Rental Agreement, in particular claims related to damage caused to the Room, furnishings, or Studio equipment.
7a.2. Incident - an event related to a Booking which, in the Studio's assessment, may have caused damage, destruction, contamination requiring non-standard intervention, missing furnishing elements, or other violation of Studio usage terms.
7a.3. Damage Report - a statement by the Studio submitted through the Platform, containing a description of the Incident, identification of the Booking, documentation, and the claimed amount or method of its calculation.
7a.4. Incident Procedure - a procedure for exchanging information, documents, and positions between the Client and the Studio through the Platform, conducted to clarify the circumstances of the Incident and to attempt an amicable resolution.
7b. Deposit
7b.1. If a Deposit is required for a given offer, information about its amount, collection method, entity holding the funds, return timeline and method, grounds for retention, and the Operator's role in Deposit settlement is presented to the Client before placing the order.
7b.2. The Deposit does not constitute remuneration of the Operator or the Studio, but security for claims that may arise from the Room Rental Agreement.
7b.3. The Deposit is collected by the payment operator (Stripe) on behalf of the Studio upon Booking confirmation. Deposit funds are held in an account maintained by the payment operator. The Operator acts solely as the entity technically facilitating the flow of funds.
7b.4. The Deposit is returned in full after the Booking ends, if the Studio has not reported damage within the deadline specified in Section 7c.4, or if the reported damage has not been confirmed by agreement of the parties or another basis provided in these Terms.
7b.5. Filing a Damage Report does not automatically establish the Client's liability or automatic retention of the Deposit.
7b.6. Retention of the Deposit in whole or in part may occur solely on the basis of: (a) the Client's explicit acceptance given after being presented with the Damage Report and the claimed amount, (b) a settlement agreement between the Client and the Studio, or (c) another legal basis or decision of a competent authority.
7b.7. Failure by the Client to respond to a Damage Report does not constitute acknowledgment of the claim, consent to Deposit retention, or consent to additional charges.
7b.8. If the Deposit does not cover a claim acknowledged by the Client or established by other means under Section 7b.6, the Studio may pursue the remaining claim directly from the Client under general legal provisions.
7c. Damage Report
7c.1. A Studio pursuing a damage claim must present at minimum: a description of the event, identification of the date and associated Booking, photographic or other documentation confirming the condition, identification of the affected item, and the claimed amount or method of calculation.
7c.2. The Studio is responsible for the truthfulness and completeness of data in the Damage Report.
7c.3. The burden of proving the damage, its connection to the Booking, and the amount of the claim rests with the Studio.
7c.4. The Studio may report damage no later than 72 hours after the Booking ends, unless the nature of the damage justifies later discovery and the Studio demonstrates the reason for later identification.
7c.5. The Operator may reject a formally incomplete report or request the Studio to supplement it within a specified deadline.
7d. Client Response and Deadlines
7d.1. Upon receiving a Damage Report, the Client receives an electronic notification and access to documents shared within the Incident Procedure.
7d.2. Within 14 days of receiving the notification, the Client may: (a) accept the report in full, (b) partially accept the report, (c) contest liability or the claimed amount, (d) present their own position, documents, photos, or other evidence, (e) propose a settlement.
7d.3. The Operator may send the Client reminders about the approaching deadline.
7d.4. If the Client does not respond within the deadline, the case status changes to "no client response," which does not constitute acknowledgment of the claim.
7d.5. Failure by the Client to respond does not result in a settlement agreement, debt acknowledgment, consent to deduction, or consent to Deposit retention.
7e. Incident Procedure and Operator's Role
7e.1. The Operator may support the parties in clarifying the matter, in particular by: forwarding documents and positions, organizing communication on the Platform, setting technical deadlines, and presenting the parties with a neutral proposal for further proceedings.
7e.2. The Operator's actions within the Incident Procedure are organizational and mediatory in nature. The Operator does not issue binding decisions regarding the Client's liability to the Studio.
7e.3. The internal Incident Procedure conducted by the Operator does not constitute ADR proceedings within the meaning of the Act on Out-of-Court Consumer Dispute Resolution.
7e.4. Conclusion of the Incident Procedure on the Platform does not preclude the Client's or Studio's right to pursue claims outside the Platform or before a competent court.
7f. Deposit Settlement After Case Conclusion
7f.1. If the parties reach a settlement or the Client explicitly accepts the Damage Report, the Deposit may be settled in accordance with the terms of that agreement.
7f.2. If the claim was acknowledged only partially, the Deposit is retained only to the agreed extent, and the remaining portion is returned.
7f.3. If the parties do not reach an agreement, the Deposit is returned, without prejudice to the Studio's right to pursue claims outside the Platform.
7f.4. The deadline for returning the Deposit or its portion is 7 business days from: (a) the end of the Booking, if no Damage Report was filed, (b) conclusion of the Incident Procedure, or (c) occurrence of another return basis provided in these Terms.
8. Platform Liability
8.1. The Operator provides the Platform as a booking intermediary tool and is not a party to the Room rental agreement.
8.2. The Operator is not responsible for the quality of services provided by Studio Owners.
8.3. The Operator makes efforts to ensure uninterrupted Platform operation but does not guarantee 24/7 availability.
8.4. The Operator is not liable for damages resulting from force majeure, external system failures, or Platform use not in compliance with these Terms.
9. Complaints and Support Requests
9.1. Logged-in Users may report issues and submit complaints through the Support section available on the Platform after logging in. The system allows selecting a request category (general question, booking problem, account issue, report a violation) and linking the request to a specific Booking.
9.2. Complaints may also be submitted electronically to [email protected].
9.3. A complaint should include the User's contact details, a description of the issue, and the expected resolution.
9.4. The Operator processes complaints within 14 days of receipt.
9.5. Disputes regarding services provided by Studio Owners should be directed to the Studio Owner through the Platform's messaging system. If contacting the Studio Owner does not resolve the issue, the User may report the matter through the Support section.
10. Final Provisions
10.1. The Operator reserves the right to modify these Terms. Users will be notified of changes at least 14 days in advance.
10.2. Matters not regulated by these Terms are governed by Polish law.
10.3. These Terms take effect on the date of publication on the Platform.
10.4. Contact the Operator: [email protected].