Regulations

Standards for the Protection of Minors (SPM)

In implementing the obligation resulting from the Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors, for entities providing hotel and tourist services, as well as running other collective accommodation facilities, to implement activities to the extent necessary to ensure the protection of minors and recognizing its role in providing minors with appropriate protection during their stay in a hotel facility and in ensuring respect for children's rights, the Ester hotel introduces with this document:

• standards adapted to the nature and type of services provided,
• principles ensuring safe relations between staff and minors,
• procedures for identifying a minor, their relationship with the adult with whom they are staying
• procedures for responding in the event of a reasonable suspicion that the well-being of a minor is at risk.

These activities are to ensure that minors receive appropriate protection during their stay in a hotel facility by implementing the legal and socially justified obligation to cooperate in this respect with law enforcement agencies, ongoing training and education of staff, and intensive supervision over the implementation of standards for the protection of minors

• 1. General provisions

Whenever the document refers to

1. Act – this should be understood as the Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors.

2. Hotel – this should be understood as the Ester Hotel, Szeroka 20, 31-053 Kraków, NIP: 676-22-74-897

3. Hotel Director – this should be understood as the person managing the Hotel.

4. Hotel employee – this should be understood as a person who is part of the Hotel staff, regardless of the legal basis for performing work at the Hotel.

Reasonable assumption that the welfare of a minor is at risk – this should be understood as the commission of a prohibited act or a criminal act to the detriment of the Child by any person, including a member of Staff or a threat to the welfare of the Child, including neglect.

5. Minor – this should be understood as a person under 18 years of age.

6. Guardian of a minor – this should be understood as the parents exercising parental authority over the child, a person designated for care by the guardianship court, i.e. the legal guardian and the actual guardian.

7. Person responsible for submitting reports of a crime – this should be understood as the person performing the functions of the Hotel Director, including the person performing this function temporarily or temporarily.

• 2. Principles of identifying a Child staying in the hotel and their relationship to the adult with whom they are staying.

1. The identification of a Minor and their relationship to the adult with whom they are staying in the Hotel is carried out by the hotel reception staff. Such identification is based on the documents of the Minor and the Guardian of the Minor with whom he/she is staying at the Hotel.

2. In the absence of appropriate documents, identification is based on a conversation with the Guardian of the Minor and with the Minor, who should be provided with the opportunity to speak freely and unhampered. In particular, the Reception Staff should pay attention to whether the Guardian of the Minor does not answer questions on behalf of the Minor, does not obstruct contact in any way or does not put pressure on the Minor.

During the conversation, the Reception Staff determines the relationship of the Minor to the Guardian of the Minor, the Minor's personal data and contact details of the Minor's parents or their legal guardian in order to confirm their knowledge and expressed consent for the Minor to stay with the Guardian of the Minor on the Hotel premises.

3. If the Guardian of the Minor is not the parent or legal guardian of the Minor, this person should be asked to present an appropriate document, i.e. the consent of the parent or legal guardian for the Minor to remain under the care of the Guardian of the Minor.

4. In each case, it should be explained that the procedure serves to ensure the safety of Children using the Hotel, and such an obligation results from the provisions of generally applicable law.

• 3. Rules and procedures for responding in the event of a reasonable suspicion that the well-being of a Minor staying on the premises of the Hotel is at risk

1. A reasonable suspicion that the well-being of a Minor staying on the premises of the Hotel is at risk occurs in particular when, during the procedure described in § 2, paragraphs 1-3, the Reception Staff has any doubts as to the relationship between the Minor and the Minor's Guardian or when any of the Hotel Staff determines that the well-being of the Minor is at risk, in particular due to observed circumstances that may indicate harm to the Minor or when the Minor bears traces that may indicate harm, and also when the Minor reports harm.

2. Hotel Employees should, in contacts with Minors, take into account the level of their emotional and intellectual development, and in cases where the Minor is a disabled person or a person with special educational needs, then also this circumstance. 3. If there is a reasonable suspicion that the well-being of a minor present on the premises of the Hotel is at risk, then each Hotel employee is obliged, in response to the above, to take appropriate action, including notifying the Hotel Director of this situation.

4. A Hotel employee may also take direct action to protect the Minor, taking into account, however, that such an attempt does not threaten the safety of the Minor, the Minor, or third parties. The actions of the Hotel employee should remain within the limits of the law.

5. All procedures provided for in the Standards should be applied in a proportionate manner to the situation and in a rational manner.

6. If the witnesses of unusual or suspicious situations are Staff from other organizational units, e.g. cleaning service, room service, security staff, they should immediately notify the Hotel Director or a person designated by him, who will decide on taking appropriate action.

7. The hotel manager or a person designated by him/her shall decide to notify the police or, in case of doubt, shall take over the conversation with the suspected Guardian of the minor in order to obtain further explanations.

• 4. Procedures and persons responsible for submitting notifications of a suspected crime to the detriment of the minor

1. After notification by the Hotel Employees in the situations provided for in these Standards, the Hotel Manager or a person designated by him/her is obliged to determine the status of the case and, if the established circumstances justify such a step, to notify the police.

2. In urgent situations, every employee of the Hotel is entitled and obliged to notify the police.

3. After notifying the police, the Hotel employees should ensure that the Minor and the Guardian of the minor who may have committed the crime do not leave the Hotel before the arrival of police officers, and that potential evidence of the crime is not destroyed (e.g. securing recordings from surveillance cameras).

• 5. Scope of competence of the person responsible for preparing Hotel employees to apply the Standards

1. The persons responsible for preparing Hotel employees to apply the Standards are the Coordinators (Hotel Director) designated in internal procedures

2. Hotel employees will have the opportunity to improve their competences related to the tasks resulting from the Standards as part of internal training.

• 6. Final provisions

1. At each stage of applying the procedures resulting from the Standards, it should be remembered that they may constitute an inconvenience for hotel guests, therefore it is necessary to show understanding for the guests' reactions to the above and explain to them the necessity, both actual and legal, of carrying out the procedures in question in the Hotel.

2. At least once every two years, the Standards will be assessed in order to ensure their adaptation to current needs and compliance with applicable regulations, and the conclusions from the assessment will be documented in writing.

3. The standards are subject to availability on the website www.hoteldavid.pl and will also be posted at the hotel reception, in a complete version and a shortened version intended for minors. 4. The standards enter into force on 15.02.2024.