§ 1. Preliminary Provisions

1. These Terms and Conditions define the rules, rights, and obligations applicable during the use of treatments in SPA salons and floating cabins provided by FIVE SENSES Float Spa and apply to all clients, including potential clients, who use the services provided by FIVE SENSES Float Spa.

2. The Terms and Conditions are available:

• a. in paper form – at the FIVE SENSES Float Spa premises at the address: ul. Cypriana Kamila Norwida 4, Gdańsk (80-280),
• b. in electronic form – on the FIVE SENSES Float Spa website at the address: https://fivesenses.pl/regulamin-fivesenses-float-spa/.

3. Every client and potential client is obliged to familiarize themselves with the content of the Terms and Conditions before using the services provided by FIVE SENSES Float Spa. Using the services provided by FIVE SENSES Float Spa is equivalent to accepting the provisions of these Terms and Conditions.

§ 2. Definitions

Whenever the following terms are used in these Terms and Conditions, they shall have the following meanings:

1. Booksy – a booking platform available at: https://booksy.com, through which a Potential Client may make reservations for Services; booking Services through Booksy is equivalent to entering into an agreement for the provision of Services with FIVE SENSES Float Spa under the terms specified in these Terms and Conditions;
2. Personal Data – information about an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person;
3. FIVE SENSES Float Spa – FIVE SENSES Float Spa Limited Liability Company with its registered office in Gdańsk (80-280) at ul. Cypriana Kamila Norwida 4, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-North in Gdańsk, VII Commercial Division of the National Court Register under number: 0000854971, NIP: 5842795652, REGON: 386769939, providing Services;
4. Client – a natural person who has entered into a legal relationship with FIVE SENSES Float Spa for the provision of Services, regardless of the booking method;
5. Civil Code – the Act of April 23, 1964 – Civil Code (consolidated text, Journal of Laws of 2023, item 1610, as amended);
6. Staff – employees, collaborators, and other persons who have entered into a civil law contract (e.g., contract of mandate, contract for specific work, service contract) with FIVE SENSES Float Spa, who, as part of their duties, provide Services on behalf of FIVE SENSES Float Spa to Clients;
7. Potential Client – a natural person who has not yet made a reservation but intends to enter into a legal relationship with FIVE SENSES Float Spa for the provision of Services;
8. Terms and Conditions – these Terms and Conditions;
9. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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);
10. Force Majeure – an extraordinary and external event (independent of the will of FIVE SENSES Float Spa), impossible to foresee and prevent, in particular events such as war, uprising, riots, acts of terrorism, fire, explosion, flood, theft of significant equipment, intentional damage, cyberattack, strike, lockdown, weather conditions, third-party security measures, national defense requirements, acts, and regulations of state or local government authorities;
11. Services – services provided by FIVE SENSES Float Spa through its Staff to Clients, including in particular body massages, facial massages, and body care treatments performed in SPA salons and sessions in floating cabins, specifically listed in the offer available on the website at: https://booksy.com/pl-pl/154483_five-senses-float-spa_masaz_20383_gdansk;
12. u.n.z.d. – the Act of October 17, 2023, on certain medical professions (consolidated text, Journal of Laws of 2023, item 1972).

§ 3. General Conditions for Using Services

1. FIVE SENSES Float Spa provides services at the premises located at: ul. Cypriana Kamila Norwida 4, Gdańsk (80-280).
2. Services are provided daily, from Monday to Sunday, during the following hours:
   • a. from Monday to Friday from 10:00 to 21:00,
   • b. on Saturdays from 10:00 to 20:00,
   • c. on Sundays from 10:00 to 18:00.
3. The above-mentioned days and opening hours of FIVE SENSES Float Spa may be subject to change, and Potential Clients and Clients will be informed of such changes through appropriate announcements on the website, official social media accounts, and the FIVE SENSES Float Spa profile with reasonable advance notice.
4. Only persons who have reached the age of 16 may become Clients, as well as persons under 16 years of age who have appropriate written consent from a parent or legal guardian to use the Services, under the sole responsibility of the parent or legal guardian, in their presence, and after consultation with the Staff.
5. Services are provided by Staff who possess the skills, experience, and education necessary to perform them, in accordance with the standards applicable in this industry and the provisions of the u.n.z.d. regarding massage therapists.
6. When performing Services, the Staff uses only professional cosmetics with appropriate certifications and approvals, ensuring a high standard of quality and safety.

§ 4. General Rules of Conduct at FIVE SENSES Float Spa Premises

1. The FIVE SENSES Float Spa premises, being a relaxation zone, aim to provide Clients and Potential Clients with uninterrupted rest, peace, and undisturbed use of Services. Therefore, every person on these premises is obliged to behave in a manner that enables this, with particular attention to the instructions and prohibitions specified in this paragraph.
2. A strict silence zone applies on the premises. Clients and Potential Clients are obliged to behave quietly, calmly, and respectfully, with consideration for the comfort of other persons present on the premises.
3. To ensure maximum comfort, Clients and Potential Clients should mute or completely turn off all electronic devices, including mobile phones and smartphones, before starting to use the Services.
4. The following are strictly prohibited on the premises:
   • a. consumption of alcohol or other intoxicants or being under their influence,
   • b. smoking tobacco, electronic cigarettes, or other nicotine products,
   • c. bringing and consuming own food and drinks unless permitted by the Staff,
   • d. behaving in an aggressive, vulgar manner, violating good manners, or otherwise compromising the safety, life, or health of other Clients, Potential Clients, or Staff,
   • e. bringing animals.
5. Clients are obliged to maintain proper personal hygiene.
6. In case of a Client’s violation of any of the prohibitions specified above, FIVE SENSES Float Spa reserves the right to immediately interrupt the provision of the Service and refuse further use of the floating zone, as well as to seek compensation for damages caused by such a Client under general principles.
7. In case of refusal or interruption of the Service for the reasons specified above, FIVE SENSES Float Spa reserves the right to retain the price paid for the Service.

§ 5. Booking Services

1. To use the Services, a Potential Client is required to make a prior reservation.
2. Reservations for Services can be made:
   • a. by phone at: +48517-406-279 during the opening hours of FIVE SENSES Float Spa,
   • b. through the Booksy application, as specified in that service and under the conditions indicated therein, available 24/7.
3. FIVE SENSES Float Spa is not responsible for any difficulties or damages related to the operation of Booksy. In case of any issues, Booksy remains the entity responsible for them.
4. A necessary condition for a Service reservation to be considered valid is the payment by the Client of a deposit amounting to 50% of the Service price. The purpose of the deposit is to secure the costs associated with reserving the Staff’s time.
5. The deposit can be paid in one of the following ways, at the Client’s discretion:
   • a. in person at the FIVE SENSES Float Spa premises – by cash or cashless payment,
   • b. remotely – via BLIK payment or traditional bank transfer.
6. The deposit is non-refundable in case of:
   • a. cancellation of the Service,
   • b. the Client’s failure to appear at the scheduled time for the Service.
7. The remaining Service price is payable directly before or after the Service and is non-refundable.
8. The Service price list is available:
   • a. in person – at the FIVE SENSES Float Spa premises at: ul. Cypriana Kamila Norwida 4, Gdańsk (80-280),
   • b. in electronic form – on the FIVE SENSES Float Spa Booksy service at: https://booksy.com/pl-pl/154483_five-senses-float-spa_masaz_20383_gdansk.
9. FIVE SENSES Float Spa reserves the right to make changes to the Service price list.
10. An alternative to paying for Services as specified above is the use of a voucher, as referred to in § 8.
11. FIVE SENSES Float Spa reserves the right to reschedule or cancel a Service reservation in the event of Force Majeure.
12. In case of inability to perform a booked Service, FIVE SENSES Float Spa is obliged to first seek a replacement or propose a new date to the Client. Only if it is impossible to find a replacement or propose a new date, FIVE SENSES Float Spa may cancel the Service reservation.

§ 6. Performance of Services

1. The Staff is obliged to:
   • a. respect the privacy of guests,
   • b. provide accurate information regarding the results and course of the treatment performed as part of the Services and perform it in accordance with applicable standards and guidelines, including professional standards.
2. The Client is obliged to arrive at the scheduled Service reservation at least 10 minutes before the appointed time.
3. Before the Service is performed, the Client is required to familiarize themselves with the treatment instructions and follow all indicated actions. The instructions are provided to the Client by the Staff each time.
4. Additionally, before the treatment is performed as part of the Service, the Client is required to complete a health questionnaire and confirm with a signature the accuracy of the provided health information to enable the Staff to perform the Service correctly in accordance with professional standards.
5. In certain cases, the Staff may request the presentation of a medical certificate confirming the absence of contraindications to the treatment as part of the Service.
6. The absence of a medical certificate when required by the Staff constitutes a justified basis for refusing to perform the Service.
7. Neither FIVE SENSES Float Spa nor the Staff are liable for damages caused by misleading information resulting from an inaccurate completion of the health questionnaire.
8. FIVE SENSES Float Spa does not provide Services to individuals in the first trimester of pregnancy or during the last month of pregnancy. For other stages of pregnancy, FIVE SENSES Float Spa may provide Services only to individuals who present a medical certificate as referred to in paragraph 4.
9. In case of refusal to perform a Service to a Client, the deposit referred to in § 5, paragraph 4 is refundable.
10. The treatment performed as part of the Services begins at the time specified in the Service reservation. In case of any delay due to the Client, the duration of the treatment is proportionally shortened by the Client’s delay time.
11. FIVE SENSES Float Spa provides each Client, as part of the paid Service price, with all necessary equipment to use the Services, including in particular towels, bathrobes, disposable slippers, basic cosmetics, a hairdryer, and, if necessary, disposable underwear.
12. Body massages and body care treatments performed in SPA salons are carried out in the Client’s personal underwear or disposable underwear, depending on the Client’s preference.

§ 7. Special Rules for Using Floating Cabins

1. The use of Services in floating cabins, in addition to the rules of conduct specified in § 4, is also subject to the rules specified in this paragraph to ensure FIVE SENSES Float Spa’s particular care for maintaining appropriate hygiene standards, safety standards, and the comfort of all Clients and Potential Clients.
2. The following behaviors are strictly prohibited in floating cabins:
   • a. attending to any physiological needs, including vomiting,
   • b. engaging in erotic or sexual activities, whether individually or with another person,
   • c. taking any actions that result in contamination of the water in the cabin,
   • d. bringing into the cabin or using before the Service any cosmetics or chemical substances, including scented oils, perfumes, lotions, ointments, etc., regardless of their purpose,
   • e. using the cabin by individuals with open wounds, skin diseases, infections, those who do not adhere to basic personal hygiene, or those under the influence of alcohol or intoxicants.
3. Before using the floating cabin, the Client is required to thoroughly wash their body under the shower using appropriate cleaning agents to remove cosmetics, makeup, antiperspirants, etc.
4. In case of a Client’s violation of any of the prohibitions specified above, FIVE SENSES Float Spa reserves the right to:
   • a. immediately interrupt the provision of the Service and refuse further use of the floating zone,
   • b. charge the Client a contractual penalty of PLN 50,000.00 (fifty thousand Polish zlotys) for each instance of violation as compensation for the costs of disposing of and replacing the saline solution, conducting professional disinfection of the device, and temporarily decommissioning the cabin.
5. Regardless of the contractual penalty specified in paragraph 4, if the damages caused by the Client exceed the amount of the reserved penalty, FIVE SENSES Float Spa reserves the right to claim a higher amount under general principles.
6. In case of refusal or interruption of the Service for the reasons specified above, FIVE SENSES Float Spa reserves the right to retain the price paid for the Service.

§ 8. Gift Vouchers

1. FIVE SENSES Float Spa offers the possibility to purchase gift vouchers.
2. A gift voucher can be purchased:
   • a. in person at the address: ul. Cypriana Kamila Norwida 4, Gdańsk (80-280) during the opening hours specified in § 3, paragraph 5,
   • b. electronically by making an online purchase on the website at: https://fivesenses.pl/.
3. A gift voucher can be purchased for any amount or any Service.
4. A purchased gift voucher is issued to the buyer and contains a unique number assigned to each voucher, necessary for the provision of Services.
5. In the case of a purchase made as specified in § 8, paragraph 2, letter b, the buyer of the gift voucher has the right to withdraw from the contract within 14 days from the transaction date. In the case of effective withdrawal, FIVE SENSES Float Spa is obliged to refund the paid price.
6. In the case of a gift voucher purchased in person, there is no possibility of withdrawing from the contract or requesting a refund of the paid price.
7. A gift voucher cannot be exchanged, including for cash, nor can it serve as an alternative to purchasing another gift voucher. It is not possible to return the remaining value of the gift voucher in cash.
8. A gift voucher is valid for six (6) months from the date of purchase and cannot be extended, except for individually agreed validity periods and except for the purchase of an extension as referred to in the next paragraph.
9. FIVE SENSES Float Spa offers the possibility of extending (prolonging) the validity of a gift voucher. The price is PLN 50 per month of extension and can be paid in person at the FIVE SENSES Float Spa premises by cash or cashless payment. The Client is obliged to extend the validity of the gift voucher no later than the last day of its validity, under penalty of losing its validity.
10. In the case of long-term health issues or unforeseen circumstances preventing the use of the voucher within its validity period, FIVE SENSES Float Spa makes an individual decision regarding the extension of its validity.
11. If the holder of a gift voucher reports after its validity period has expired, it is not possible to extend its validity or redeem it.
12. A purchased gift voucher serves as an alternative to paying for a treatment performed as part of the Services, and its redemption is carried out in accordance with the rules for the provision of Services specified above.
13. The gift voucher must be presented to the Staff on the day of its redemption.
14. A gift voucher can be exchanged for Services more expensive than the value of the voucher. In such cases, the Client is obliged to pay the difference.
15. In case of loss or destruction of a gift voucher, FIVE SENSES Float Spa is not responsible nor compensates for the loss caused by such an event.

§ 9. Subscription Packages

1. FIVE SENSES Float Spa offers the possibility to purchase subscription packages for provided Services, entitling the Client to perform these treatments at promotional prices.
2. Prices for subscription packages are specified:
   • a. in person – at the FIVE SENSES Float Spa premises at: ul. Cypriana Kamila Norwida 4, Gdańsk (80-280),
   • b. in electronic form – on the FIVE SENSES Float Spa Booksy service at: https://booksy.com/pl-pl/154483_five-senses-float-spa_masaz_20383_gdansk.
3. A purchased subscription package is stored at the FIVE SENSES Float Spa premises in the subscription register. The Staff, before performing a treatment, will require the Client to sign the subscription card with the date and a clear signature.
4. FIVE SENSES Float Spa offers the following subscription packages for provided Services:
   • a. a package for 4 treatments – with a 2-month validity period (for individual use only),
   • b. a package for 8 treatments – with a 6-month validity period (for individual use only),
   • c. a package for 12 treatments – with a 12-month validity period (for individual use or sharing with other persons).
5. A purchased subscription package serves as an alternative to paying for a treatment performed as part of the Services, and its redemption is carried out in accordance with the rules for the provision of Services specified above.
6. It is not possible to obtain a refund for the paid price of a purchased subscription package or to schedule a treatment after the package’s validity has expired.

§ 10. Liability

1. Clients are liable in accordance with the provisions of the preceding paragraphs and for all damage and destruction of property located at the FIVE SENSES Float Spa premises.
2. Clients are obliged to report all irregularities, defects, and direct any comments to the Staff that may affect the operation of the facility and the quality of the provided Services.
3. FIVE SENSES Float Spa is not responsible for Clients’ belongings left in lockers or on the premises.

§ 11. Personal Data Protection

1. The controller of personal data obtained from Clients and Potential Clients in connection with the provided Services is FIVE SENSES Float Spa Limited Liability Company with its registered office in Gdańsk (80-280) at ul. Cypriana Kamila Norwida 4, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-North in Gdańsk, VII Commercial Division of the National Court Register under number: 0000854971, NIP: 5842795652, REGON: 386769939.
2. For matters related to the processing of personal data, contact FIVE SENSES Float Spa at the following details:
   • a. phone number: 517-406-279,
   • b. email address: info@fivesenses.pl.
3. Personal data may be processed by FIVE SENSES Float Spa for various legitimate purposes and for different periods, depending on the specific situation. Below are details regarding the purposes, legal bases, and periods of personal data processing:
   • a. taking actions before concluding a Service agreement – based on Article 6(1)(b) GDPR – until the completion of actions related to concluding the agreement,
   • b. performing a Service agreement – based on Article 6(1)(b) GDPR – until the agreement is performed,
   • c. fulfilling obligations arising from generally applicable regulations, e.g., archiving tax documents – based on Article 6(1)(c) GDPR – for the period required by law (e.g., for archiving tax documents, the data retention period is 5 years from the end of the calendar year in which the tax payment deadline related to the provided service expired),
   • d. pursuing the legitimate interests of FIVE SENSES Float Spa (e.g., establishing, pursuing, and defending mutual claims) – based on Article 6(1)(f) GDPR – until the legitimate interest is fulfilled (e.g., until the expiration of the limitation period for establishing, pursuing, and defending mutual claims),
   • e. fulfilling purposes for which consent has been given (e.g., marketing own services) – based on Article 6(1)(a) GDPR – until the purpose is fulfilled or consent is withdrawn.
4. For the purposes of fulfilling the above legitimate interests, personal data may be shared with the following entities cooperating with FIVE SENSES Float Spa: banks, insurers, law firms, email service providers, IT and archiving companies, certified auditors, and auditing firms.
5. In connection with the processing of personal data by the Controller, individuals whose personal data are processed have the right to:
   • a) access their personal data, including the right to obtain a copy thereof,
   • b) request the rectification of personal data,
   • c) object to the processing of personal data,
   • d) request the deletion of personal data,
   • e) request the transfer or restriction of personal data processing,
   • f) withdraw consent to the processing of personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal, unless there is another legal basis for processing.
6. In case of information about unlawful processing of personal data, individuals whose personal data are processed have the right to lodge a complaint with the President of the Personal Data Protection Office.
7. FIVE SENSES Float Spa does not process Personal Data for automated decision-making, including so-called profiling.
8. Personal data are not transferred to third countries, i.e., outside the European Economic Area, nor to any international organizations.
9. FIVE SENSES Float Spa makes every effort to ensure all physical, technical, and organizational measures to protect personal data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use, or access, in accordance with all applicable regulations.

§ 12. Final Provisions

1. These Terms and Conditions enter into force on January 1, 2020.
2. The provisions of these Terms and Conditions are subject to Polish law.
3. In matters not regulated by these Terms and Conditions, the relevant generally applicable legal provisions shall apply.
4. FIVE SENSES Float Spa reserves the right to amend the provisions of these Terms and Conditions. Amendments take effect on the date of their announcement.
5. For any questions regarding the provision of Services, contact the following details:
   • a. phone number: 517-406-279,
   • b. email address: info@fivesenses.pl.