Club Rules

§1. General provisions

1. The Le Scandale Club, hereinafter the Club, is located at ulica Zaruskiego 5, 34-500 Zakopane, Poland.
2. The Club is operated by Horeca Scandale Group Klesyk spółka jawna (a registered partnership under Polish law) with its registered office in Kraków, Plac Nowy 9, 31-056 Kraków, Poland, tax identification number NIP 6762479464, statistical number REGON 123206491, entered in the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) under number KRS 0000523045 by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, hereinafter the Operator.
3. Contact: telephone +48 530 331 531, e-mail address rezerwacje@scandalezakopane.pl, address for correspondence and complaints Plac Nowy 9, 31-056 Kraków, Poland.
4. These Rules set out the conditions for entering the Club and staying on its premises. Table bookings and online payments are governed by the separate Booking and Online Payment Terms.
5. The Rules are available at the entrance to the Club and at scandalezakopane.pl in a form that allows them to be downloaded and printed.
6. Entering the Club premises constitutes acknowledgement and acceptance of these Rules. Being unaware of the Rules does not exempt anyone from the obligation to follow them.

§2. Club areas and opening hours

1. The Club consists of three areas: Aperitif Bar, Cocktail Room and Music Loft.
2. Aperitif Bar is open daily from 9:00 to 23:00. Entry is free, with no charge, no door selection and no age limit. Alcoholic drinks are sold there on the terms described in §5(1)(a) and (b).
3. Cocktail Room and Music Loft are open on Thursdays and Sundays from 21:00 to 2:00, and on Fridays and Saturdays from 21:30, with Cocktail Room closing at 4:00 and Music Loft at 5:00. On selected days the Club holds events on other dates and at other hours, in accordance with the calendar published on the website.
4. The Operator may change the opening hours. Current hours and event dates are published at scandalezakopane.pl.

§3. Entry to the Club

1. Entry to Cocktail Room and Music Loft is subject to a charge. The current amount is stated at the entrance and on the Club website, and as at the date these Rules were adopted it is 40 PLN per person.
2. Entry is conditional on meeting, jointly, the requirements as to age and dress code and on the absence of the circumstances listed in §5.
3. Entry to Cocktail Room and Music Loft is available to women aged 18 or over and to men aged 21 or over. Where there is any doubt as to age, staff are entitled to request photo identification confirming age, and a refusal to produce such a document means a refusal of entry.
4. The right to request identification is based on Article 15(2) of the Act of 26 October 1982 on Upbringing in Sobriety and Counteracting Alcoholism (ustawa o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi), which entitles the seller to request identification where there is doubt as to whether the buyer is of age.
5. Holding a paid table booking does not exempt anyone from meeting the conditions of entry set out in these Rules.

§4. Dress code

1. A smart casual dress code applies in Cocktail Room and Music Loft. No dress code applies in Aperitif Bar.
2. We do not accept:

• sportswear and tracksuits, including tracksuit bottoms and tops, and sports kit
• beachwear
• flip-flops and beach footwear
• trekking boots and ski boots
• ski wear and technical outdoor clothing
• sleeveless tops
• caps, including baseball caps, hats and other headwear
• bum bags
• clothing that is visibly dirty or damaged
• clothing bearing content that incites violence or hatred, or content that is offensive
• costumes, except at themed events where the Club expressly allows them

3. The restriction on headwear does not cover headwear worn for religious or health reasons.
4. The criteria listed in paragraph 2 are applied equally to all guests.

§5. Refusal of entry and removal from the Club

1. The Operator refuses entry to the Club, or removes from the Club, a person who:

• a) is intoxicated, or whose behaviour indicates intoxication or the use of other intoxicating substances. The basis is Article 15(1)(1) of the Act on Upbringing in Sobriety and Counteracting Alcoholism, which prohibits the sale and serving of alcoholic drinks to persons whose behaviour indicates that they are intoxicated. The assessment rests with the staff and is based on the person's physical and mental state, in particular difficulty keeping balance, staggering, impaired motor coordination, slurred or severely impaired speech, difficulty communicating coherently, disorientation, excessive drowsiness, loss of control over behaviour, or a strong smell of alcohol combined with other symptoms
• b) is a minor or does not meet the age requirement under §3(3), and likewise a person who refuses to produce a document confirming their age
• c) behaves aggressively or abusively, or in a manner that endangers other people or property
• d) is in possession of dangerous objects or intoxicating substances, or brings in their own alcohol
• e) does not meet the dress code requirements described in §4
• f) grossly breaches the rules of order described in §6, or does not follow instructions given by staff and security in matters of safety

2. The list of grounds set out in paragraph 1 is exhaustive. The Operator does not refuse entry on grounds other than those listed and applies these criteria equally to all guests.
3. Where the assessment of sobriety is disputed, a guest may voluntarily take a breathalyser test, if the Club has a device available. The test is voluntary, and its result does not relieve the staff of their duty to make their own assessment of the person's physical and mental state.
4. At the request of a person refused entry, the Operator issues in writing, or sends to an e-mail address indicated by that person, a short confirmation of the refusal stating the reason.
5. The financial consequences of a refusal of entry for a guest holding a paid booking are set out in §8 of the Booking and Online Payment Terms.
6. Where a person is removed from the Club during the evening, the Operator releases to them any paid-for products that have not been consumed. Release takes place on the premises only and at the direct request of the person who made the booking. Staff do not interfere with bottles with visible contents without the consent of the person who made the booking.
7. Serving alcoholic drinks to an intoxicated person is prohibited under Article 15 of the Act on Upbringing in Sobriety. In such a case unopened products remain available for collection at the Club for 30 days, or are settled on the terms set out in §8 of the Booking and Online Payment Terms.
8. The Operator does not keep a list of persons banned from entry. The decision on entry is taken on each occasion on the spot, on the basis of the criteria set out in these Rules.

§6. Rules of order

1. On the Club premises it is prohibited to:

• bring in one's own alcohol, drinks or food
• bring in weapons, dangerous objects, pyrotechnics or intoxicating substances
• smoke tobacco products or electronic cigarettes outside the designated smoking room
• behave in a way that endangers the safety of others, or damage property

2. Use of the cloakroom is free of charge. The Operator is liable for items handed in to the cloakroom on the general terms of the Polish Civil Code (Kodeks cywilny). The Operator accepts no liability for items left outside the cloakroom.
3. Items found on the Club premises are kept for 30 days and released once entitlement to collect them has been shown.
4. A guest is liable for damage caused to Club property on the general terms of the Polish Civil Code.

§7. CCTV

1. The Club premises are covered by CCTV. The data controller is the Operator, and the purpose is to ensure the safety of people and property. The basis for processing is the legitimate interest of the controller, that is Article 6(1)(f) GDPR.
2. CCTV covers the entrance to the Club, circulation areas, the rooms and the bars. CCTV does not cover the toilets, the cloakroom or the smoking room.
3. CCTV does not record sound.
4. Recordings are kept for 30 days and are then overwritten automatically. Where a recording constitutes evidence in proceedings, that period is extended until those proceedings have been finally concluded.
5. The area covered by CCTV is marked with information signs at the entrance.
6. The detailed rules on processing CCTV data are set out in the Privacy Policy.

§8. Photographs and video material

1. Events held at the Club are public events and are documented. During events, photographs and video material of a reportage character are taken, showing the course of the event, the interiors and the atmosphere of the Club.
2. The Operator publishes this material at scandalezakopane.pl and on the Club's social media, and uses it in promotional material relating to the Club's activity, including event reports, announcements of forthcoming events and press publications.
3. The basis for disseminating a person's image is Article 81(2)(2) of the Act on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych), under which no permission is required to disseminate the image of a person who constitutes merely a detail of a whole such as a gathering, a landscape or a public event; and, as regards data protection, the legitimate interest of the Operator in documenting and promoting its own activity, that is Article 6(1)(f) GDPR.
4. Photographs and material in which a person is presented individually, in particular portrait and posed photographs, and material used in paid advertising, on posters and in other communications in which a person's image is the principal element, are taken and published by the Operator solely with that person's separate consent, given in writing or recorded in another way. Consent is voluntary and may be withdrawn at any time.
5. Information that material is being recorded is displayed at the entrance to the Club.
6. A request to remove a publication containing a person's image, and an objection to processing, may be sent to rezerwacje@scandalezakopane.pl. The Operator removes such a publication without undue delay and no later than within 14 days.

§9. Complaints

1. Complaints concerning the Club's services may be sent to the e-mail address rezerwacje@scandalezakopane.pl or in writing to Horeca Scandale Group Klesyk spółka jawna, Plac Nowy 9, 31-056 Kraków, Poland.
2. We ask that complaints be submitted within 7 days of the event, which allows the circumstances to be established reliably, in particular on the basis of CCTV recordings kept for 30 days. Submitting a complaint after that period does not limit the rights a consumer has under the law.
3. We consider a complaint within 14 days of receiving it and reply by the same means through which it reached us.
4. A consumer may use out-of-court means of handling complaints and pursuing claims, including the assistance of a district or municipal consumer ombudsman (rzecznik konsumentów) and the online dispute resolution platform ODR operated by the European Commission.

§10. Final provisions

1. Matters not governed by these Rules are subject to the provisions of the Polish Civil Code, the Act on Consumer Rights and the Act on Upbringing in Sobriety and Counteracting Alcoholism.
2. The Operator may amend these Rules. An amendment does not apply to bookings paid for before the date of its publication.
3. These Rules apply from the date of their publication at scandalezakopane.pl.
4. This document is a translation of the Polish original. In the event of any discrepancy between the language versions, the Polish version available at scandalezakopane.pl prevails.