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Terms of Service

Rules for using LUNA Lounge

In force from: 25.05.2025

This English version is a courtesy translation. In case of any discrepancy, the Polish text prevails.

Preamble

These Terms of Service (hereinafter the "Terms") set out the rules for using the services, staying on the premises, and using the equipment and fittings of the food-and-entertainment venue operating under the name LUNA LOUGE (hereinafter the "Venue"), operated by SmartChange Sp. z o.o., with its registered office in Warsaw at ul. Krucza 16/22, registered in the KRS under NIP: 5252932585, hereinafter the "Operator". Every person entering the Venue is obliged to read and observe these Terms. Entering the Venue is equivalent to accepting the Terms in full.

§ 1. GENERAL PROVISIONS

  1. 1.The Venue conducts food-and-entertainment activity consisting of providing food-service and making karaoke equipment available.
  2. 2.The Operator of the Venue is SmartChange Sp. z o.o.
  3. 3.The Venue is open during the hours posted on the Operator's website. The Operator reserves the right to change opening hours, of which Guests will be informed with appropriate notice.
  4. 4.Venue staff are authorised to check compliance with these Terms and have the right to issue order-keeping instructions to Guests on the Venue premises.
  5. 5.On matters not regulated by these Terms, the provisions of generally applicable law apply, in particular: the Act of 23 April 1964 — the Civil Code (consolidated text: Dz.U. 2023 item 1610, as amended); the Act of 26 October 1982 on Education in Sobriety and Counteracting Alcoholism (consolidated text: Dz.U. 2023 item 165, as amended); and the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Dz.U. 2022 item 2509, as amended).

§ 2. CONDITIONS OF ENTRY AND STAYING ON THE PREMISES

  1. 6.Entry to the Venue is permitted for persons who have reached the age of 18. Minors may stay at the Venue only under the direct supervision and at the sole responsibility of an adult legal guardian, until 22:00. After 22:00 the Venue is open exclusively to adults.
  2. 7.Venue staff are entitled to request that any person entering the Venue present a photo identity document (national ID card, passport, driving licence) for age verification. Refusal to present such a document is equivalent to refusal of entry.
  3. 8.The Operator reserves the right to refuse entry or order a person to leave the Venue if they:
    • a) appear to be visibly under the influence of alcohol, narcotics or psychotropic substances;
    • b) behave aggressively, vulgarly, or in a manner that disturbs order or other Guests;
    • c) carry items that may pose a danger to the health or life of other Guests (weapons, dangerous tools etc.);
    • d) fail to comply with instructions of staff or security;
    • e) have previously been banned from the Venue;
    • f) whose clothing or appearance does not meet the dress code in force at the Venue.
  4. 9.Refusal of entry or an instruction to leave the Venue issued by an authorised employee does not give rise to any financial claims of the Guest against the Operator.
  5. 10.Bringing the following onto the Venue premises is strictly prohibited: alcohol purchased outside the Venue, beverages and food products purchased outside the Venue, narcotics and psychotropic substances, weapons and dangerous items, pyrotechnics, and flammable materials.
  6. 11.Smoking tobacco products is strictly prohibited on the Venue premises, in accordance with the Act of 9 November 1995 on the Protection of Health Against the Consequences of Tobacco Use (consolidated text: Dz.U. 2022 item 2429, as amended). Smoking is permitted only at a designated outdoor area, if such an area has been designated.

§ 3. RULES FOR USING THE KARAOKE SERVICE

  1. 12.The karaoke service consists of making available to Guests a music-playback system with backing tracks and song lyrics, allowing singing through a microphone. Use of karaoke is governed by the rules in this section.
  2. 13.Karaoke time is reserved directly with Venue staff.
  3. 14.Use of the karaoke system is permitted only in the presence of staff. The Guest bears full material liability for any damage resulting from improper use of karaoke equipment.
  4. 15.The Guest is required to take particular care when using microphones and audio equipment. The following are prohibited:
    • f) dropping microphones on the floor or striking them against hard surfaces;
    • g) connecting or disconnecting any cables or devices on one's own;
    • h) adjusting equipment volume beyond the limits set by staff;
    • i) bringing beverages close to electronic equipment.
  5. 16.The catalogue of available songs is provided on the karaoke device. The Operator does not guarantee the availability of every title and reserves the right to update the catalogue.
  6. 17.Karaoke use follows a first-come, first-served order. Staff have the right to set a microphone-usage schedule, in particular during special events and themed nights.
  7. 18.Singing, presenting or playing through the karaoke system content that is vulgar, offensive, that incites hatred or discrimination on grounds of race, gender, sexual orientation, religion or nationality, or that promotes totalitarian ideologies, is prohibited. Staff have the right to interrupt the performance immediately.
  8. 19.The volume of the sound system is regulated by staff so as not to exceed the limits set by law (Regulation of the Minister of the Environment of 14 June 2007 on permissible noise levels in the environment, Dz.U. 2014 item 112).

§ 4. COPYRIGHT AND LICENCES

  1. 20.The Venue holds valid licences from collective copyright-management organisations authorising public playback and performance of musical works on the Venue premises. Licence details are available on request from the Venue manager.
  2. 21.Recording, filming or photographing other Guests' performances without their express written or oral consent is prohibited. The Operator is not liable for any breach of personal rights or copyrights arising from Guests' actions.
  3. 22.A Guest who, with the Operator's consent, publishes recordings made at the Venue on social media or other public channels bears sole responsibility for any infringement of copyrights or personal rights of other persons visible or audible in the recording.

§ 5. ALCOHOL AND BEVERAGES

  1. 23.The Venue holds a licence to sell alcoholic beverages issued by the competent local-government authority under the Act of 26 October 1982 on Education in Sobriety and Counteracting Alcoholism.
  2. 24.Sale of alcoholic beverages to persons under 18 is strictly prohibited, pursuant to Art. 15(1)(2) of the above-mentioned Act. Staff are required to request identity documents from any person where reasonable doubt exists as to adulthood.
  3. 25.Sale and service of alcoholic beverages to persons visibly intoxicated by alcohol or under the influence of narcotics, and to persons behaving aggressively or disturbing order, is prohibited.
  4. 26.Guests may not bring their own alcoholic beverages onto the Venue premises or consume alcohol purchased outside the Venue. If such conduct is detected, staff have the right to remove the Guest from the Venue immediately.
  5. 27.Consumption of alcohol outside designated consumption areas (bar area, restaurant tables, karaoke room) is prohibited on the Venue premises. In particular, consuming alcohol at the entrance and in the toilets is prohibited.

§ 6. FOOD-SERVICE, PAYMENTS AND THE DEPOSIT SYSTEM

  1. 28.The current menu and price list of food-service and entertainment services are available on the Venue's website. The Operator reserves the right to change prices in accordance with applicable law, including the Act on Prices.
  2. 29.The Venue accepts the following payment methods: cash, payment card (VISA, Mastercard, Maestro), BLIK and contactless payment.
  3. 30.At the Guest's request, staff are required to issue a fiscal receipt or a VAT invoice. To receive a VAT invoice, the Guest must provide the necessary issuing data before making payment.
  4. 31.For private events and group reservations, the Operator may require a separate contract and a deposit ("zadatek" within the meaning of Art. 394 of the Civil Code). The conditions for cancelling a reservation and returning the deposit are set out in the reservation contract.
  5. 32.Prices shown on the menu are gross prices including VAT at applicable rates.

DEPOSIT SYSTEM FOR KARAOKE ROOMS

  1. 33.Reserving a karaoke room or karaoke zone at the Venue entails the obligation to pay a deposit in the amount set by the room manager (hereinafter the "Deposit"). The amount of the Deposit depends on the reserved time and the type of room and is communicated to the Guest before the reservation is confirmed.
  2. 34.The Deposit is neither a non-refundable entry fee nor a "zadatek" within the meaning of Art. 394 of the Civil Code. It is a prepayment credited in full towards orders placed by Guests during their stay in the karaoke room. The Deposit amount may be applied in full to any products and services available at the Venue per the current menu, including: alcoholic and non-alcoholic beverages, kitchen dishes, snacks, desserts and any other items from the food-service offer.
  3. 35.The Deposit is paid in advance at the moment of reservation or at the latest upon entry to the karaoke room, in one of the payment methods accepted by the Venue. For online reservations, the Deposit is charged at the moment the reservation is confirmed.
  4. 36.If the total value of orders placed by Guests during their stay in the karaoke room exceeds the Deposit amount, the Guest is required to settle the excess before leaving the Venue. Staff will inform the Guest of the Deposit's remaining balance on request.
  5. 37.If the total value of orders placed by Guests is lower than the Deposit paid, the unused difference:
    • j) is not refundable in cash or any other monetary form — the Deposit is consumption-only in nature and does not constitute a redeemable payment instrument;
    • k) is forfeited to the Operator as a fee for the reservation and the provision of the karaoke room.
  6. 38.The Deposit is assigned exclusively to the specific reservation and the specific karaoke room. Transfer of an unused Deposit to another reservation, another date or another table is not possible without the prior written consent of the Venue manager.
  7. 39.A fiscal receipt or VAT invoice is issued for the total value of orders actually consumed. If the value of orders is lower than the Deposit, the fiscal document is issued for the Deposit amount as a fee for the room-provision service.

CHARGES FOR DAMAGE TO VENUE PROPERTY

  1. 40.The Guest bears full financial responsibility for any damage to or destruction of Venue property occurring during their stay, in particular: furniture (chairs, sofas, tables), room fittings (wall panels, lighting, decorations), tableware (glasses, stemware and other items), audio-video and karaoke equipment, and any other movable or fixed fittings of the Venue.
  2. 41.The amount of the charge for damaged or destroyed property is determined in each case on the basis of the current market value of replacing or repairing the item.
  3. 42.The damage charge may be deducted from the Deposit paid. If the damage exceeds the Deposit amount, or if no Deposit was paid, the Guest is required to settle the remaining amount in cash or by payment card before leaving the Venue.
  4. 43.Accidental breakage of a single piece of tableware (glass, stemware) during normal use of food-service may, at the Venue manager's discretion, be treated as an accidental event and not charged. The decision in such matters belongs exclusively to the shift manager and does not set a precedent for the future.
  5. 44.Venue staff do not document every case of damage to property.
  6. 45.CCTV recordings may be used as evidence in disputes regarding the circumstances of damage, in accordance with applicable data-protection law.

§ 7. LIABILITY OF THE OPERATOR AND GUESTS

  1. 46.The Operator is not liable for damage resulting from Guests' failure to comply with these Terms, with staff instructions, or with generally applicable law.

EXCLUSION OF LIABILITY FOR GUESTS' PROPERTY

  1. 47.The Operator is not liable for Guests' personal belongings left, lost, stolen or damaged on the Venue premises, including in particular: clothing, footwear, handbags, backpacks, wallets, identity documents, keys, electronic devices (mobile phones, laptops, cameras), jewellery, money and any other valuables. Guests are required to take particular care of their belongings throughout their stay at the Venue.
  2. 48.The Venue does not operate a baggage room or a staffed cloakroom. Any coat racks or clothing lockers are provided solely for Guests' convenience and do not constitute a deposit service within the meaning of Art. 835 et seq. of the Civil Code. The Operator is not liable for property left by Guests on coat racks, chairs or other places on the Venue premises.
  3. 49.Items found on the Venue premises are kept by staff for 14 days. After this time, if the owner does not claim them, the items may be transferred to the competent institution or disposed of in accordance with applicable law. Information on found items can be obtained by contacting the Venue at the phone number or e-mail address shown on the Venue's website.

EXCLUSION OF LIABILITY FOR GUESTS' HEALTH AND LIFE

  1. 50.The Operator is not liable for any deterioration in Guests' health arising in connection with their stay at the Venue, in particular resulting from: consumption of excessive alcohol or other substances, allergic reactions to ingredients of dishes and beverages on the menu, pre-existing conditions or chronic illnesses, excessive physical exertion during entertainment, exposure to high noise levels or light effects (strobes, lasers), fainting, dizziness or other individual ailments.
  2. 51.Persons with conditions that may be aggravated by Venue conditions (e.g. heart disease, epilepsy, hypertension, diabetes, asthma, sensitivity to noise or strobe light, balance disorders) use the Venue exclusively at their own risk. The Operator recommends that such persons consult a doctor in advance. Venue staff are not qualified to assess Guests' health.
  3. 52.The Operator is not liable for allergic or intolerance reactions to ingredients of served dishes and beverages where the Guest did not inform staff of their allergies or food intolerances before placing the order. At the Guest's request, staff are required to provide allergen information in accordance with Regulation (EU) No 1169/2011 on the provision of food information to consumers.
  4. 53.In the event of a sudden deterioration in a Guest's health, Venue staff are required to: promptly call emergency medical services (emergency number 112 or 999), provide pre-medical first aid within their qualifications or using the Venue's first-aid kit, and ensure unobstructed access for paramedics. Taking these actions by staff or the Operator is not equivalent to accepting legal liability for the Guest's state of health.
  5. 54.The Operator is not liable for harm to health or life resulting from the conduct of a Guest or of third parties present at the Venue, in particular: physical aggression between Guests, accidents caused by Guests under the influence of alcohol or narcotics, falls resulting from a Guest's carelessness, and any acts of God or force majeure that the Operator could not have foreseen or prevented exercising due diligence.
  6. 55.The exclusions of liability set out in this section do not apply where damage results from wilful misconduct or gross negligence of the Operator or its employees (Art. 473 § 2 of the Civil Code), nor in relation to consumers to the extent that such exclusions would conflict with mandatory provisions of law.

GUESTS' LIABILITY FOR DAMAGE TO VENUE PROPERTY

  1. 56.The Guest bears full material liability (under the general rules of the Civil Code) for any damage caused to the property of the Operator or other Guests, including damage to karaoke equipment, room fittings and damage to movable and immovable property.
  2. 57.The Operator reserves the right to seek compensation through the courts for any damage caused by Guests, including supplementary compensation exceeding the value of any caution or deposit.
  3. 58.The Operator provides Guests with safe conditions for using the Venue in accordance with applicable health-and-safety and fire-protection rules. CCTV monitoring is in operation on the Venue premises for safety purposes.

§ 8. PERSONAL DATA PROTECTION (GDPR)

  1. 59.The controller of Guests' personal data is Luna Lounge, with its registered office at ul. Krucza 16/22, tel.: +48 730 017 025. The data protection officer (if appointed) can be contacted at: lunalounge.warsaw@gmail.com.
  2. 60.Guests' personal data are processed on the basis of and for the purposes set out in Regulation (EU) 2016/679 (GDPR): performance of orders and reservations (Art. 6(1)(b) GDPR), compliance with legal obligations (Art. 6(1)(c) GDPR), safety and security — CCTV monitoring (Art. 6(1)(f) GDPR) and marketing of the Operator's own services (on the basis of consent — Art. 6(1)(a) GDPR).
  3. 61.CCTV monitoring is used for the safety of persons and property. CCTV recordings are kept for a period not exceeding 14 days, unless law requires longer retention or the recordings constitute evidence in proceedings.
  4. 62.Every Guest has the rights of: access to data, rectification, erasure, restriction of processing, data portability, objection and withdrawal of consent (without affecting prior processing), as well as the right to lodge a complaint with the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warszawa).

§ 9. SAFETY AND FIRE-PROTECTION RULES

  1. 63.The maximum permitted number of persons present simultaneously on the Venue premises is 250, in accordance with the construction project and the decision of the competent building-supervision authority. Staff and security are required to enforce this limit.
  2. 64.Evacuation routes must be clear and unobstructed at all times. Blocking evacuation exits, passages or routes with any objects is prohibited.
  3. 65.Use of open flame (matches, lighters, candles) on the Venue premises is prohibited without the express consent of the Venue manager. Birthday candles placed on cakes by staff are an exception.
  4. 66.In the event of a fire alarm or other emergency, Guests are required to leave the Venue immediately via the designated evacuation routes, following staff instructions and evacuation signs.
  5. 67.The Venue is equipped with hand-held fire extinguishers, a fire-alarm system and a first-aid kit in accordance with applicable rules. The location of the equipment is marked with appropriate signs.

§ 10. COMPLAINTS, CLAIMS AND DISPUTE RESOLUTION

  1. 68.Any complaints and claims regarding the services provided may be submitted by the Guest: directly to the shift manager during a visit to the Venue; in writing to the Operator's registered office address; by e-mail to: lunalounge.warsaw@gmail.com.
  2. 69.The Operator considers claims within 14 calendar days of receipt. The response is given in the same form in which the claim was submitted. Absence of a response within this period does not amount to acceptance of the claim.
  3. 70.A consumer has the right to use out-of-court dispute-resolution methods, including referral to the Permanent Consumer Arbitration Court at the competent Regional Trade Inspectorate, or use of the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr.
  4. 71.Polish law governs all legal relationships arising from use of the Venue. The court competent to resolve disputes is the court having jurisdiction over the Operator's registered office, subject to the rules on consumer protection.

§ 11. FINAL PROVISIONS

  1. 72.The Operator reserves the right to amend these Terms. Amendments enter into force on the day they are announced by posting the updated Terms and publishing them on the website.
  2. 73.The Terms are available on the Operator's website.
  3. 74.These Terms enter into force on 25.05.2025 and replace all previously applicable versions.
  4. 75.If any provision of these Terms is invalid or ineffective, the remaining provisions remain binding.

The Operator Warsaw, 25.05.2025

July Consulting