Children's stay policy

CHILD STAY POLICY

Child stay policy Child stay policy at Hotel Natura Residence Business & Spa v2 dated 15.08.2024

I. Introduction.

1. This document contains the policy of Hotel Natura Residence Business & Spa regarding children, i.e. services for minors and the principles we follow in the processes of serving minors.

2. This Policy implements the provisions of the Act of 13 May 2016 on counteracting threats of sexual crime and protecting minors (Journal of Laws of 2016, item 862 as amended) and the content of the United Nations Guiding Principles on Business and Human Rights.

II. Services for minors

1. At Hotel Natura Residence Business & Spa we offer the possibility of stays for families with children.

2. A special children's menu is always available in the restaurant, which can also be ordered when organizing meetings and banquets.

3. During the stay at the hotel and restaurant, additional equipment for children can be ordered, such as a cot, bathtub or high chair. The current list of equipment is available at the reception.

4. We do not provide childcare for children using the services of Hotel Natura Residence Business & Spa.

5. We do not provide internships for underage students.

6. We do not provide independent stays for minors at the hotel.

III. Rules for the stay and presence of minors on the premises of Hotel Natura Residence Business & Spa.

1. Minors must stay on the Hotel premises only under the care of their legal guardians.

2. Children participating in banquets or other meetings on the Hotel premises should be supervised by their guardians within the rented spaces.

3. When arriving at the hotel, children should have identity documents that will allow the hotel staff to identify them in accordance with applicable regulations.

4. Persons traveling with children who are not their legal guardians must present at the hotel reception a written consent of the parent/legal guardian to travel with the minor (a template of such consent is attached as Appendix 1).

5. Reception staff are obliged to identify minors and their relationship with their guardians. For this purpose, they will request to present the children's documents and to have their guardians complete the Minor Identification Card (a template is attached as Appendix 2).

6. Hotel staff may not be alone with minors while performing their duties, e.g., during room cleaning or room service.

7. Hotel staff may not provide any form of care to minors using the hotel's services.

8. Staff are obligated to familiarize themselves and comply with the Minor Protection Standards, as described in the Act on counteracting threats of sexual crime and protection of minors.

IV. Minor Protection Standards (SOM)

The procedures and rules contained in SOM aim to increase the awareness and knowledge of employees regarding the safety of minors on the premises of Hotel Natura Residence Business & Spa and to introduce safeguards minimizing the risk of harming children.

The following principles and procedures are applied in cases of suspected harm to a child staying at the Hotel and preventing such threats.

Minor Protection Standards at Hotel Natura Residence Business & Spa are implemented based on the following principles:

1. Hotel Natura Residence Business & Spa conducts its operations with respect for children's rights as particularly vulnerable individuals to harm.

2. Hotel Natura Residence Business & Spa recognizes its role in conducting socially responsible business and promoting desirable social attitudes.

3. Hotel Natura Residence Business & Spa particularly emphasizes the importance of the legal and social duty to report every case of suspected crime against children to law enforcement authorities and commits to training its staff in this respect.

1. Glossary:

For the purposes of this document, the following terms are clarified:

1. Child/minor - for the purposes of these standards, a child is anyone under 18 years of age.[1]

2. Child's guardian - the child's legal representative: parent or guardian; foster parent; temporary guardian (i.e. a person authorized to represent a minor Ukrainian citizen staying in the territory of the Republic of Poland without adult care).[2]

3. Unrelated adult - any person over 18 who is not the child's parent or legal guardian.

4. Child abuse - understood as behavior that may constitute a prohibited act against a child by any person, including an employee of the entity, or a threat to the child's welfare, including neglect; any intentional or unintentional act/omission by an individual, institution or society as a whole and any result of such act or inaction that violates children's rights, freedoms, and personal welfare and/or disrupts their optimal development.

5. Forms of violence against a child:

• Physical violence against a child means violence resulting in actual physical harm or potential threat thereof. Such harm occurs as a result of acts or omissions by a parent or other person responsible for the child, trusted by the child, or having authority over them. Physical violence against a child may be repetitive or one-time.

• Psychological violence against a child is a chronic, non-physical, harmful interaction between a child and a guardian, including both acts and omissions. This includes: emotional unavailability, emotional neglect, hostile relationships with the child based on blaming, shaming, rejecting, developmentally inappropriate or inconsistent interactions, failing to recognize the individuality of the child and psychological boundaries between parent and child.

• Sexual abuse of a child involves engaging a child in sexual activity that they cannot fully understand or give informed consent to and/or for which they are developmentally immature and cannot legally consent and/or that is inconsistent with the legal or customary norms of a given society. Sexual abuse may occur between a child and an adult or between children where those persons are in a relationship of care, dependency, or authority due to age or level of development. Sexual abuse may also take the form of sexual exploitation, i.e., any actual or attempted abuse of a position of vulnerability, power, or trust for sexual purposes, including, but not limited to, financial, social, or political gain from the sexual exploitation of another person. Special risk of sexual exploitation exists during humanitarian crises. The threat of exploitation applies both to children and their guardians (definition according to UN Bulletin ST/SGB/2003/13).

• Neglect of a child means chronic or occasional failure to meet their basic physical and psychological needs and/or failure to respect their basic rights, causing health problems and/or developmental difficulties. Neglect occurs in the relationship between a child and a person obligated to care for, raise, protect, and look after the child.

6. Crime against a child – all crimes that may be committed against adults, plus crimes that can only be committed against children (e.g. sexual abuse under Article 200 of the Penal Code[3]). Due to the nature of accommodation facilities, where isolation is easily possible, the most common crimes on such premises are crimes against sexual freedom and morality, in particular rape (Art. 197 PC), sexual abuse due to lack of reason or helplessness (Art. 198 PC), sexual abuse due to dependency or critical situation (Art. 199 PC), sexual abuse of a person under 15 years of age (Art. 200 PC), grooming (seducing a minor using means of remote communication - Art. 200a PC).

7. Other forms of child harm besides crimes – all forms of violence against a child that do not meet the elements of a public prosecution offense (e.g. shouting, humiliating, shaking, insulting, neglecting needs, etc.).

8. Employee – a person employed under a contract of employment or working under a similar contract (e.g., commission, B2B, contract for specific work), as well as an intern, trainee, volunteer, etc.

9. Employee working with children is any person performing or assigned tasks related to the upbringing, education, recreation, treatment, psychological counseling, spiritual development, sports, or other interests of minors, or caring for them.

10. Act – The Act of 13 May 2016 on counteracting threats of sexual crime and protection of minors.

2. Facility employees

General rules

1. Hotel Natura Residence Business & Spa undertakes to educate its employees about circumstances indicating that a child staying at the facility may be harmed and ways to respond quickly and appropriately to such situations through various forms of training e.g.: external training, internal training, e-learning, educational materials developed by the hotel and available to employees, free educational materials developed by other organizations.

2. Every employee is introduced to SOM before starting work, which is confirmed by making a statement and commitment to comply with the rules and procedures contained in this document. SOM is issued in the form of a procedure.

3. Hotel Natura Residence Business & Spa undertakes to consider the situation of children with disabilities.

4. If Hotel Natura Residence Business & Spa introduces educational/recreational services for children, then every person employed for direct work with children must meet the Act's requirements; this also applies to services provided by external entities.

Scope of competences and responsibilities of persons appointed to implement the Minor Protection Standards

1. Supervision over the application of SOM is conducted by the Hotel Director - SOM Coordinator (hereinafter Coordinator) appointed by the company's management board. In his absence, he is replaced by the Hotel Deputy Director, and then the Reception Manager.

2. The Coordinator is responsible for familiarizing employees with the content of SOM and monitoring their application in the Hotel.

3. The Coordinator organizes and documents the employee education process in recognizing symptoms that a child staying at the facility may be harmed and ways of quick and appropriate reaction in such situations, in accordance with the procedures adopted by the facility.

4. The Coordinator compiles documentation of each incident and stores it in paper and electronic form.

5. In case of justified suspicion that a crime was committed, the Coordinator is responsible for securing evidence, including monitoring recordings, and providing them upon request to the appropriate services - in accordance with the personal data disclosure procedure.

6. The Coordinator is responsible for conducting the procedure in situations when a child is harmed by an employee or another adult person not directly employed by Hotel Natura Residence Business & Spa but by a third party.

7. The Coordinator is responsible for monitoring and updating SOM and their availability for employees, guests, and other entities cooperating with the facility.

8. Coordinator's data are available to all employees and, through reception, also to Hotel guests.

Rules for safe relationships between employee and child

1. All Hotel Natura Residence Business & Spa employees, as well as other adults who have contact with children on the premises, if such contact is approved by the facility, are obliged to apply the following rules.

2. The core principle of all actions taken by employees having contact with children on the Hotel premises is to treat the child with respect and take into account their dignity and needs.

3. The use of violence of any form by employees and other adults towards a child is unacceptable.

1. Behaviors and practices expected from employees

• Show patience and respect in communication with the child.

• Listen carefully to the child and provide answers appropriate to their age and the situation. When communicating with a child, try to keep your face at the child's eye level.

• Assure the child that if they feel uncomfortable with any situation, they can tell you or another designated person and get help.

• Inform the child where SOM is located in a version understandable to them. Assure them that if they have questions, they can approach you or a reception employee.

• Treat all children equally regardless of gender, sexual orientation, ability/disability, social status, ethnicity, culture, religion, or worldview.

• Ensure a safe environment. If children are present in your work area, make sure equipment and furniture are used as intended, and the surroundings are safe (pay attention to window and stair safeguards, limited access to busy roads, open water, etc.).

• If you see a child/children left unattended and the situation may indicate a threat to the child's safety, take action to find the parent/guardian.

2. Behaviors and practices unacceptable from employees towards children on the premises

• You must not shout at, embarrass, humiliate, neglect or insult a child.

• You must not hit, shove, push, or in any way violate the child's physical integrity, unless there is a threat to the child's health or life.

• You must not establish any romantic or sexual relationship with a child or make inappropriate proposals. This includes sexual comments, jokes, gestures, and providing children with erotic or pornographic content in any form.

• You must not record or photograph a child for private or official purposes without the consent of the child's parents/guardians and the child themselves. This also includes allowing third parties to record children's images. An exception is when the child's image is only a detail of a whole, such as a gathering, landscape, public event, then the parent's/guardian's consent is not required.

• You must not contact a child through private communication channels (personal phone, email, messengers, social media profiles) nor meet with a child outside the workplace.

• You must not offer a child alcohol, tobacco products, or illegal substances.

• Never touch a child if they do not want you to or in any way that could be considered indecent or inappropriate. If you witness any of the above behaviors and/or situations from other adults or children, always report it to the Coordinator or direct supervisor.

3. Child identification procedure during reception registration

1. One of the effective forms of preventing child abuse is establishing the identity of a child staying at the facility and their relationship with the adult present with them.

2. Reception staff take all possible steps to identify the child and their relationship with the accompanying adult.

a. To identify the child and their relation to the person they are with, the staff verifies the documents of minors and adults. Example documents for identification may include: ID card, school ID, MObywatel app, Internet Patient Account, court order.

b. If the adult is the child's parent or legal guardian - they complete the legal guardian's statement, a template of which is in Appendix 1.

c. If the adult is not the child's parent or legal guardian, they should present a document, e.g. notarized parental consent for that person to travel with the child or consent signed by the parent with child's data, parent's phone number and identity document number of the person the parent entrusted with the child's care (template of legal guardian's consent is in Appendix 2), and fill out a statement, a template of which is in

3. In case of any doubts about the child's identification or their relationship with the adult, the employee informs the Coordinator.

4. If there is conviction of an attempt or commission of a crime against a child, the Coordinator notifies the police.

4. Procedure in case of circumstances indicating child abuse by an adult

1. Justified suspicion of child abuse occurs when:

a. the child disclosed abuse to the facility employee,

b. the employee observed abuse,

c. the child has signs of harm (e.g. scratches, bruises), and the child's answers are inconsistent and/or chaotic and/or they are embarrassed or other circumstances indicate abuse, e.g. finding pornographic materials with children in the adult's room.

2. The employee who has justified suspicion that a child staying at the facility is or has been abused should immediately notify the supervisor/coordinator, who informs the police. If there is a threat to the child's safety, the employee who has a justified suspicion of child abuse immediately notifies the police by calling 112 and describing the circumstances of the event. Regardless, the employee informs the Coordinator about the event.

3. Staff should make efforts to hinder or even prevent the child and the suspected abuser from leaving the Hotel.

4. In cases specified in the Code of Criminal Procedure, a citizen's arrest of the suspected person may be made.

5. In every case, the child's safety must be ensured. The child should, if possible, remain under the care of an employee until the police arrive.

5. Procedure in case of suspected or confirmed child abuse by an employee or another adult

1. In case of suspected child abuse by an employee or another adult not directly employed by Hotel Natura Residence Business & Spa but by a third party, the person who obtained this information should immediately inform the Coordinator, and in their absence - their deputy.

2. If the child's life or health is in danger, the person who obtained this information should immediately notify the police by calling 112, providing their own data, the child's data (if possible), child's location, and a description of the circumstances as well as notify the Coordinator/supervisor who notifies the child's guardians/parents.

3. If the employee committed a form of harm other than criminal offense against the child, the Coordinator, after receiving information, should investigate all circumstances, especially hearing the suspected employee and other witnesses. If the child's welfare is significantly violated, especially if discrimination or violation of the child's dignity has occurred, the Coordinator should recommend appropriate personnel actions to the company's management against that employee.

4. If the Coordinator is suspected of being the abuser, the report is passed to the supervisor or another department head at Hotel Natura Residence Business & Spa.

5. A person reporting suspicion or confirmation of child abuse must not suffer any negative consequences, especially from the accused employee. If possible and necessary, anonymity should be guaranteed to reporters.

6. Procedure in case of other forms of violence against a child by a parent/legal guardian or another adult

1. If a child is found to be abused by a parent/legal guardian or another adult staying with the child at the facility, every employee witnessing such abuse should react firmly.

2. If the child's life or health is threatened, the person who obtained this information should immediately notify the police by calling 112, providing their own data, the child's data (if possible), child's location, and description of the circumstances as well as informing the supervisor/decision maker.

3. If the facility employee witnesses physical violence applied to a child (slaps, shaking, shouting, or other forms of physical violence listed in the definition) they should try to stop it and react.

4. In the case of a child under 7 years left unattended, the employee who obtains information about such an event should inform their supervisor who decides on further steps, considering circumstances and the context of the Penal Code and Misdemeanor Code provisions.[4] Depending on this, the supervisor attempts to find the parent/legal guardian or other adult staying with the child and explains that they cannot leave the child unattended. If it is not possible to find the parent/legal guardian or the person refuses or is unable to take care of the child, the supervisor notifies the police. In every case, the child's safety must be ensured.

7. Monitoring and evaluation of minor protection standards

1. The Coordinator conducts monitoring and evaluation of SOM every two years or after each change in regulations, after reviewing comments and needs reported by department managers and employees.

2. Monitoring and evaluation include verification of the implementation of standards, response to signals of violations of rules and procedures, and proposing changes to the document, especially to adapt them to current needs and compliance with applicable regulations.

Appendix 1

LEGAL GUARDIAN CONSENT FOR THE CHILD'S STAY AT HOTEL NATURA RESIDENCE BUSINESS & SPA IN SIEWIERZ .................................................................. place, date I, the undersigned …………………………………………………………………………………………………………………. Name and surname ……………………………… ………………………………………… series and number of ID card phone number I declare that I am the legal guardian of the child: ................................................................................................................................................................... (child's name and surname) date of birth ........................................... and I consent to the stay of my child at Hotel Natura Residence Business & Spa from ............................................................................................................. under the care of ............................................................................................................................................... (name and surname of the person traveling with the child), date of birth ............................type of document .......................................document number.............................. and to hotel representatives contacting me regarding health, safety, and life threats to my child.

I also declare that I am aware of the voluntary nature of providing data necessary for contract conclusion (Art. 6 para.1 letter b of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC – hereinafter "GDPR").

I declare that I have been informed that the administrator of my personal data and the data of the aforementioned child is the company "Lukier" Sp. z o.o., ul. Sikorskiego 49a/13, 42-300 Myszków, whose registration records are kept by the District Court in Częstochowa, KRS number 0000711901, NIP 9492224306, REGON 369140465 with share capital of PLN 600,000.00, and about the right to: access my personal data and the data of the minor, including obtaining copies, data rectification, request for deletion, restriction of processing, objection to processing and data transfer (to another data controller to whom I have given consent). I have been informed that my personal data and the data of the aforementioned child will be processed by Lukier Sp. z o.o., in connection with concluding the above contract, for archival purposes and until the expiry of the period of potential claims (Art. 6 para.1 lit. a/ and lit. b/ and lit. f/ GDPR).

I have also been informed of the right to file a complaint to the President of the Office for Personal Data Protection.

Access to data is possible at the registered office of Lukier Sp. z o.o. Questions or any information regarding personal data processing should be sent to recepcja@naturaresidence.pl

Lukier Sp. z o.o. transfers personal data to the following categories of entities: a company providing IT services for the hotel; companies providing legal and insurance services; state authorities and services based on relevant provisions to obtain personal data, provided that they have appropriate legal grounds to request personal data.

……………..……………………........................................……………………………………

date and legible signature of legal guardian

Appendix 2

MINOR IDENTIFICATION CARD

Based on the Act of 13 May 2016 on counteracting threats of sexual crime and protection of minors (Journal of Laws of 2016, item 862 as amended)

Minor's data

Name and surname

.......................................................................................................................................

Date of birth .

...................................................................................................................................................

Type and number of document

....................................................................................................................

Stay date

............................................................................................................................................

Room number.

....................................................

Identification of the minor's relationship with the hotel guest

I AM the child's legal guardian

I AM NOT the child's legal guardian

I provide the legal guardian's consent I declare that I am ..........................................................................

(please specify relationship to the child) of the minor who stays under my care during the stay at Hotel Natura Residence Business & Spa legal guardian phone number.................................

I also declare that I am aware of the voluntary nature of providing data necessary for contract conclusion (Art. 6 para.1 letter b of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC – hereinafter "GDPR").

I declare that I have been informed that the administrator of my personal data and minor's data is the company "Lukier" Sp. z o.o., ul. Sikorskiego 49a/13, 42-300 Myszków whose registration records are kept by the District Court in Częstochowa, KRS number 0000711901, NIP 9492224306, REGON 369140465 with share capital of PLN 600,000.00, and about the right to: access my personal data and the minor's data, including obtaining copies, rectification, request for deletion, restriction of processing, objection to processing, and data transfer (for which I have given consent) to another data controller.

I have been informed that my personal data and the minor's data will be processed by Lukier Sp. z o.o., in connection with the above contract, for archival purposes and until the expiry of the period of potential claims (Art. 6 para.1 lit. a/ and lit. b/ and lit. f/ GDPR).

I have also been informed of the right to lodge a complaint with the President of the Personal Data Protection Office.

Access to data is possible at the registered office of Lukier Sp. z o.o. Questions or any information regarding personal data processing should be sent to recepcja@naturaresidence.pl

Lukier Sp. z o.o. transfers personal data to the following categories of entities: a company providing IT services for the hotel; companies providing legal and insurance services; state authorities and services based on relevant provisions to obtain personal data, provided that they have appropriate legal grounds to request personal data.

……………..……………………………………….................................................…………………

date and legible signature ________________________________________

[1] According to Polish law, a child is any person under eighteen years of age (Article 1 of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989). A minor is a person who has not reached the age of majority, thus a person up to 18 years of age or a woman who has gained majority through marriage after the age of 16 (Article 10 § 1 and 2 of the Civil Code), which may happen with the court's consent for important reasons and if the circumstances indicate that marriage will be consistent with the welfare of the established family (Article 10 § 1 of the Family and Guardianship Code).

[2] Parents - Article 98 of the Family and Guardianship Code; guardian - Article 155 of the Family and Guardianship Code; foster parent - Article 1121 of the Family and Guardianship Code; temporary guardian; Article 25 of the Act on Assistance to Citizens of Ukraine in connection with the Armed Conflict in the Territory of that State.

[3] Act of 6 June 1997 Penal Code (consolidated text Journal of Laws of 2022, item 1138 as amended).

[4] Penal Code art. 160 paragraphs 1 and 2; art. 210 paragraph 1, Misdemeanor Code art. 106 •