§1. General provisions and definitions
These Platform Terms govern the use of the guest portal available at hostante.com (and at hostante.pl and hostante.eu, which point to the same Portal) (the Portal or Platform). They do not govern the sale of services performed at the property (breakfast, stay protection and other Additional Services) — that sale is governed by the Seller’s Terms.
- Portal Operator — The Break spółka z ograniczoną odpowiedzialnością (The Break sp. z o.o.), registered office at ul. Rogatkowa 49D, 04-773 Warszawa, Polska, KRS 0000770003, NIP 9512477738, REGON 382485820, share capital 5 000,00 zł.
- Seller — the entrepreneur operating the property where the Guest stays; party to contracts for Additional Services concluded with the Guest through the Portal.
- Guest — a person holding an active reservation and using the Portal.
- Additional Services — services and products offered to Guests by the Seller through the Portal, described in the Seller’s Terms.
- Payment Operator — Stripe Technology Europe, Limited (STEL) — an Irish e-money institution supervised by the Central Bank of Ireland (ref. C187865) that the Seller itself uses (as the acceptant) to accept payments for Additional Services directly into its own Stripe account. The identity of the current Payment Operator is provided in the Privacy Policy and at the payment step.
§2. Portal Operator registration data
- Name: The Break spółka z ograniczoną odpowiedzialnością
- Registered office: ul. Rogatkowa 49D, 04-773 Warszawa, Polska
- Registry court: Sąd Rejonowy dla m.st. Warszawy w Warszawie, XIV Wydział Gospodarczy Krajowego Rejestru Sądowego; KRS: 0000770003
- NIP: 9512477738; REGON: 382485820
- Share capital: 5 000,00 zł
- Contact: tel. +48 572 411 556, e-mail contact@breakmake.pl
§3. Legal nature of the Portal and the Portal Operator’s role
The Portal is a technical tool through which the Seller presents its offer and concludes contracts with Guests for Additional Services. The Portal Operator does not sell the on-site services to Guests and is not a party to the contracts for Additional Services — statutory warranty rights (rękojmia, art. 556 et seq. of the Polish Civil Code) lie between the Guest and the Seller under the Seller’s Terms. This clause is purely informative and does not exclude or limit the Seller’s statutory liability towards the consumer.
The Portal is a technical tool (software as a service, art. 750 of the Polish Civil Code) that enables the Seller to sell Additional Services to Guests and to accept payment for them itself. The Portal Operator is not the seller, does not intermediate the sale and does not accept payment in the Seller’s name — the sole party to each contract and the payment recipient (merchant of record) is the Seller.
In the Portal the Seller accepts payments through its own Stripe account (a connected account managed by Stripe Technology Europe, Limited (STEL) — an Irish e-money institution supervised by the Central Bank of Ireland (ref. C187865)) in which the Seller is the acceptant. Funds for Additional Services settle directly into the Seller’s account held with that operator. The Portal Operator does not receive, hold or dispose of Guest funds and operates no account to pool them; the Stripe transaction fee is charged directly to the Seller.
For making the Portal available, the Portal Operator is entitled to a commission from the Seller — remuneration for a service (art. 750 of the Polish Civil Code), plus VAT at 23%. The net commission amount is automatically deducted by Stripe Technology Europe, Limited (STEL) — an Irish e-money institution supervised by the Central Bank of Ireland (ref. C187865) from the amount settled to the Seller, as part of the same transaction settlement (a platform fee collected by Stripe, i.e. an application fee) — the Portal Operator does not receive this amount directly from the Seller. The VAT due on the commission is settled separately, via a VAT invoice issued to the Seller by the Portal Operator (separately for each Seller entity). The commission is not deducted from Guest funds. The Portal Operator’s commission is not borne by the Guest — the price shown to the Guest is the final price; the commission is settled solely between the Seller and the Portal Operator.
Because the Portal Operator never receives Guest funds (payment flows directly Guest → payment operator → Seller), the Portal Operator does not provide payment services within the meaning of the Polish Payment Services Act of 19 August 2011 and is not the Seller’s payment agent.
§4. Scope of the Portal Operator’s responsibility
The Portal Operator is responsible for:
- the availability and proper technical functioning of the Portal;
- the technical transmission to the Seller of an order placed by the Guest;
- technical support for the use of the Portal;
- personal-data protection within the operation of the Portal — see the Platform Privacy Policy.
The Portal Operator is NOT responsible for:
- the quality, non-conformity, delay or non-performance of Additional Services by the Seller — claims in this respect must be addressed to the Seller (see the Seller’s Terms, §7 Complaints);
- the Seller’s tax and accounting duties relating to the sale of Additional Services;
- content generated by the Seller or the Guest.
§5. Use of the Portal
- access to the Portal is anonymous, based on a reservation number or other individual identifier issued to the Guest in connection with the reservation;
- using the Portal requires an internet-connected device and a current browser;
- providing unlawful content and any action disrupting the operation of the Portal are prohibited;
- technical support for the Portal: contact@breakmake.pl.
§6. Complaints about the Portal
Complaints about the operation of the Portal itself (technical errors, unavailability) should be addressed to the Portal Operator at contact@breakmake.pl. The Portal Operator handles such complaints within 14 days. Complaints concerning the payment itself (e.g. double card charges, a missing refund) relate to payment handling carried out by the Seller and its payment operator — they are addressed to the Seller.
Complaints concerning the Additional Services (quality, non-conformity, Seller’s non-performance) should be addressed to the Seller under the Seller’s Terms. The Portal Operator does not adjudicate disputes regarding the performance of the Sales Contract — responsibility and the obligation to handle the complaint in this regard rest solely with the Seller.
§7. Personal data
Personal-data processing for the use of the Portal is described in the Platform Privacy Policy. For purchases of Additional Services the controller is the Seller — see the Seller’s Privacy Policy.
§8. Intellectual property
Portal content (visual layout, logo, software) is protected by copyright and belongs to the Portal Operator or its licensors. Use of this content outside the scope of permitted personal use requires the Portal Operator’s consent. Content provided by the Seller (service descriptions, property images) remains under the Seller’s control.
§9. Final provisions
- Matters not regulated herein are governed by Polish law. The Polish-language version of these Platform Terms is the governing text; the English version is provided as a courtesy translation only — in the event of any discrepancy, the Polish version prevails.
- The Portal Operator may amend these Platform Terms for valid reasons, in particular: (a) changes in generally applicable laws; (b) changes in the scope or method of providing Portal services that materially affect how the Portal is used; (c) a change of the payment operator or infrastructure provider — required by a decision of that operator or provider, a supervisory authority or applicable law; (d) a requirement of a court, supervisory authority or the President of UOKiK. Amendments are announced at least 14 days in advance on the Portal; ongoing Portal sessions are governed by the version in force at the start of the session.
- These Terms are effective from 28.05.2026.