STANDARDY OCHRONY MAŁOLETNICH W APARTHOUSE („STANDARDY”)

In order to protect minors, who due to their age and psychophysical development deserve special care, these Standards are hereby adopted. They define the necessary procedures and guidelines regarding the protection of Minors against harm and crimes committed to their detriment, which may occur on the premises of the Property.

§ 1. Preamble

Bearing in mind the statutory obligation resulting from the Act of 13 May 2016 on Counteracting Sexual Crime Threats and the Protection of Minors imposed on entities providing hotel and tourist services, as well as managing other collective accommodation venues, to introduce standards to the extent necessary to ensure the protection of minors, and recognizing the significant role of business in ensuring respect for the rights of Children, in particular the right to protect their dignity and freedom from all forms of harm, Aparthouse Woźna 11 adopts this document as a model of standards, rules, and procedures in case of suspicion that a Child staying on the premises of the Property is being harmed, as well as for the prevention of such threats.

§ 2. General Provisions

1. Aparthouse Woźna 11 conducts its operational activities with the highest respect for human rights, in particular the rights of Children as persons particularly vulnerable to harm.

2. Aparthouse Woźna 11 recognizes its role in conducting a socially responsible business and promoting desirable social attitudes.

3. Aparthouse Woźna 11 in particular emphasizes the importance of the legal and social obligation to notify law enforcement agencies of any suspected crime committed to the detriment of Children and undertakes to train its personnel in this area.

4. Aparthouse Woźna 11 undertakes to educate its personnel on the circumstances indicating that a Child staying in the facility may be harmed, as well as on methods of prompt and appropriate response to such situations.

§ 3. Definitions

1. Child – any person under the age of 18;

2. Harm to a Child – committing a prohibited act or a punishable offence to the detriment of a Child by any person, including a member of the Personnel, or threatening the well-being of a Child, including their neglect. All crimes that can be committed against adults can also be committed to the detriment of Children, in addition to crimes that can be committed exclusively against Children (e.g., sexual exploitation under Art. 200 of the Penal Code). Due to the nature of tourist facilities where isolation can easily be achieved, the crimes most likely to occur on their premises are crimes against sexual freedom and decency, in particular rape (Art. 197 of the Penal Code), sexual exploitation of insanity and helplessness (Art. 198 of the Penal Code), sexual exploitation of dependency or a critical situation (Art. 199 of the Penal Code), sexual exploitation of a person under 15 years of age (Art. 200 of the Penal Code), grooming (enticement of a minor using means of distance communication – Art. 200a of the Penal Code);

3. Child's Guardian – a person authorized to represent the Child, in particular their parent or legal guardian. Within the meaning of these Standards, a foster parent is also considered a guardian;

4. Personnel – all persons working at Aparthouse Woźna 11, regardless of the basis of employment (employees, contractors, subcontractors, B2B partners).

§ 4. Rules for the Identification of a Child Staying at Aparthouse Woźna 11 and Their Relationship to the Adult Accompanied by Them

1. When accepting a Child for a stay at Aparthouse Woźna 11, whenever possible, the Child and their relationship with the adult they are staying with in the Property should be identified.

2. The identification of a Child by the Personnel is mandatory in unusual and suspicious situations indicating that there is a risk of harm to the Child.

3. In order to identify the Child and their relationship to the person they are staying with at Aparthouse Woźna 11, the following steps must be taken:

   1. establish the Child's identity and their relationship to the person with whom they arrived at Woźna 11. For this purpose, the Personnel shall request an identity document of the Child (ID card, passport, school ID) or another document confirming the right to care. In the absence of a document, the adult is obliged to provide the Child's data in writing (first name, surname, address, PESEL/national identification number);

   2. in the absence of documents indicating kinship between the Child and the adult, the adult and the Child should be asked about this relationship;

   3. if the adult is not the Child's Guardian, they should be asked if they possess a document proving the consent of the Child's Guardians for the adult to travel with the Child (e.g., a written statement expressing the consent of at least one of the Child's parents/legal guardians);

   4. if the adult does not possess a document of consent from the Child's Guardians, they should be asked for the phone number of the aforementioned guardians in order to call and confirm that the Child is staying at Aparthouse Woźna 11 with an unrelated adult with the knowledge and consent of the Child's Guardians.

4. In the event of resistance from the adult regarding the presentation of the Child's document or indicating the relationship, it should be explained that the procedure serves to ensure the safety of Children using Aparthouse Woźna 11 and that such an obligation arises from the provisions of generally applicable law.

5. If the conversation does not dispel doubts regarding the suspicion towards the adult and their intentions to harm the Child, the Manager of Aparthouse Woźna 11 or a person designated by them should be discreetly notified. In order not to arouse suspicion, one can, for example, refer to the necessity of using equipment in the back office, asking the adult to wait with the Child in the lobby, restaurant, or another area.

6. From the moment the first doubts arise, both the Child and the adult should be under constant observation by the Personnel and should not be left alone.

7. The Manager or a person designated by them decides on notifying the police or, in case of doubt, takes over the conversation with the suspected adult to obtain further clarification.

8. If the conversation confirms the conviction of an attempted or committed crime to the detriment of the Child, the supervisor notifies the police. Furthermore, the rules for circumstances indicating harm to a Child shall apply.

9. If unusual or suspicious situations are witnessed by Personnel from other organizational units, e.g., cleaning services, room service, maintenance staff, security, they should immediately notify the Property Manager or a person designated by them, who will decide on taking appropriate action.

§ 5. Rules and Procedures for Responding in the Event of Reasonable Suspicion That the Well-being of a Child Located on the Premises of or Using the Services of Aparthouse Woźna 11 is Threatened

1. The Personnel possess knowledge and, as part of their duties, pay attention to risk factors and symptoms of child harm.

2. The Personnel are obliged to immediately inform the Manager of Aparthouse Woźna 11 of any suspected harm to a Child.

3. The intervention is carried out by the Manager, who may designate another person for this task, unless the actions of the Personnel in this regard are sufficient.

4. A reasonable suspicion of harm to a Child occurs when:

   1. the Child disclosed the fact of harm to the Personnel,

   2. the Personnel observed the harm,

   3. the Child bears marks of harm (e.g., scratches, bruising), and when asked, answers inconsistently and/or chaotically and/or becomes embarrassed, or other circumstances occur that may indicate harm, e.g., finding pornographic materials involving Children in the adult's room;

   4. the Child's Guardian or a third party reports the fact of harm to the Child.

5. In case of suspected harm to a Child by another Child staying at Aparthouse Woźna 11, a conversation should be conducted with the Child suspected of causing harm (if possible, in the presence of their Guardian) and their Guardian, as well as separately with the Child subjected to harm (if possible, in the presence of their Guardian) and their Guardian.

6. In case of suspicion that a Child experiences violence resulting in health damage, sexual abuse, and/or their life is threatened by another Child, or in case of repeated physical violence, repeated psychological violence, or other repeated disturbing behaviors, the intervening person is additionally obliged to file a notification of a possibility of a crime being committed or notify the nearest family court.

7. In case of suspected harm to a Child by the Child's Guardian/the person with whom they are staying at Aparthouse Woźna 11 in the form of:

   1. violence resulting in health damage, sexual abuse, and/or their life is threatened, the Personnel are obliged to ensure the Child's safety, separate them from the Guardian/person with whom they are staying suspected of causing harm, and notify the police by calling 112 or 997;

   2. other crimes, the intervening person is obliged to notify the police or the prosecutor's office by filing a notification of a possibility of a crime being committed;

   3. a single instance of other physical violence (e.g., smacking, pushing, shoving), psychological violence (e.g., humiliation, discrimination, ridiculing), or other disturbing behaviors (i.e., shouting, inappropriate comments), the Personnel are obliged to ensure the Child's safety, conduct a conversation with the Guardian/person with whom they are staying suspected of causing harm; in case of repeated violence, the intervening person is obliged to notify the appropriate social welfare center, concurrently submitting a request to the family court for insight into the family situation.

8. If a member of the Personnel suspects that a Child is being harmed by third parties (including a member of the Personnel) in the form of:

   1. violence resulting in health damage, sexual abuse, and/or their life is threatened, the Personnel are obliged to ensure the Child's safety, separate them from the person suspected of causing harm, and notify the police at 112 or 997;

   2. other types of crimes, the Personnel are obliged to ensure the Child's safety, separate them from the person suspected of causing harm, and inform the police or the prosecutor's office in writing by filing a notification of a possibility of a crime being committed;

   3. a single instance of other physical violence (e.g., smacking, pushing, shoving) or psychological violence (e.g., humiliation, discrimination, ridiculing), the Personnel are obliged to ensure the Child's safety and separate them from the person suspected of causing harm. The intervening person is obliged to terminate cooperation with the person harming the Child;

   4. other disturbing behaviors (i.e., shouting, inappropriate comments), the Personnel are obliged to ensure the Child's safety, separate them from the person suspected of causing harm, and the intervening person is obliged to conduct a disciplinary conversation, and in the absence of improvement, terminate cooperation.

9. In a situation of reasonable suspicion of a crime being committed to the detriment of a Child, the Personnel shall immediately notify security and the Police (number 112). Until the arrival of officers, the Personnel shall make efforts to delay the suspected person from leaving the property (e.g., by extending formal procedures, verifying settlements).

10. Apprehending the suspected person (citizen's arrest based on Art. 243 of the Code of Criminal Procedure) is permissible exclusively in the event of catching the perpetrator red-handed while committing a crime involving violence or immediately after it, if there is a justified fear of flight by that person. In any other case, the Personnel limit their actions to calling emergency services and securing evidence.

11. In every case, the safety of the Child must be ensured. The Child should remain under the care of an employee until the arrival of the police.

12. In the event of a reasonable suspicion that a crime has been committed involving the Child's contact with the perpetrator's biological material (semen, saliva, epidermis), it should be ensured as far as possible – with the Child's consent and caring for their psychological comfort – that the Child does not wash or eat/drink until the arrival of the Police.

13. After the Child is taken over by the police, CCTV footage and other relevant evidence (e.g., documents) regarding the incident must be secured and, upon request of the services, their copy must be forwarded by registered mail or delivered in person to the prosecutor or the police.

14. The Personnel and the intervening person are required to prepare an official internal note describing the incident and the actions taken. The note may be in written or email form.

15. Following the intervention, the incident must be recorded in the register of incidents threatening the well-being of a Child. The register of incidents threatening the well-being of a Child is maintained by a person designated by the Manager.

§ 6. Employment of Persons to Work with Children

1. All persons working with Children must be safe for them, which means, among other things, that their employment history should indicate that they have not harmed any Child in the past.

2. All employees hired to work with children, including persons who may have potential contact with children, should submit a declaration of no criminal record and that no proceedings are underway for acts against Children.

§ 7. Rules Ensuring Safe Relationships Between Personnel and the Child

1. The overriding principle of all actions taken by the Personnel is to act for the good of the Child and in their best interest.

2. The Personnel treat the Child with respect and take into account their dignity and needs. It is unacceptable to use violence against a Child in any form. In pursuing these goals, the Personnel act within the framework of applicable law, internal regulations of the organization, and their competences.

3. The Personnel are obliged to maintain a professional relationship with Children and to consider each time whether the reaction, communication, or action towards the Child is appropriate to the situation, safe, justified, and fair to other Children.

4. It is forbidden to embarrass, humiliate, disregard, or insult a Child. It is forbidden to shout at a Child in a situation other than one resulting from the safety of the Child or other Children.

5. It is forbidden to disclose sensitive information regarding the Child to unauthorized persons, including other Children. This includes the Child's image, information about their family, economic, medical, care, and legal situation.

6. The Personnel are obliged to reassure Children that if they feel uncomfortable in a certain situation, regarding specific behavior or words, they can tell the Personnel and expect an appropriate reaction and/or help.

7. It is forbidden to offer Children alcohol, tobacco products, or illegal substances, as well as to use them in the presence of Children.

8. Any violent action against a Child is unacceptable.

9. Contact with Children should take place exclusively during working hours and relate to purposes within the scope of the Personnel's duties. It is forbidden to invite Children to one's place of residence or to meet with them outside of working hours. This also includes contact with Children through private communication channels (private phone, email, instant messengers, social media profiles).

§ 8. Final Provisions

1. The Policy enters into force on 15 February 2024.

2. Aparthouse Woźna 11 makes the Standards available on its website.

3. In matters not regulated by these Standards, the relevant provisions of the Act of 13 May 2016 on Counteracting Sexual Crime Threats and the Protection of Minors (Journal of Laws of 2024, item 560) and the Act of 25 February 1964 – Family and Guardianship Code (Journal of Laws of 2023, item 2809) shall apply.

4. The Property reserves the right to refuse to extend the hotel day for an adult Guest in the event of non-compliance or reasonable suspicion of non-compliance with these Standards during their stay at the Property.

5. The Property may refuse to accept an adult Guest who violated the Standards during a previous stay, in particular by causing harm to a Minor on the premises of the Property or by committing a sexual offence to the detriment of a Minor on the premises of the Property.

The announcement is made in a manner accessible to the Personnel, Minors, and their guardians, in particular by publishing it on the website of the Property.