REGULATIONS OF WEBSITE
§ 1. DEFINITIONS:
1) Website - Internet service available at: https://bkturismo.com, run by the Organizer,
2) Regulations - these Regulations of the Website, referred to in Art. 8 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws 2019.123.730),
3) Organizer - Malwina Jurczyk conducting business activity under the company "BK Turismo Malwina Jurczyk" with its headquarters at the address: Mrągowska street 86/2, 54-111 Wrocław, entered in the Central Register and Information on Economic Activity, Tax Identification Number: 6731840516, National Business Registry Number: 361397503, e-mail: firstname.lastname@example.org, telephone numer 691 183 825, entered in the Register of Tour Operators and Entrepreneurs Facilitating the Purchase of Related Tourist Services kept by the Marshal of the Lower Silesian Voivodeship under the registration number 10342,
4) Package Travel - a travel within the meaning of the Act of 24 November 2017 on package travel and linked travel arrangements (Journal of Laws 2017.2361), organized by the Organizer on behalf of the Customers,
5) Customer - Consumer or Entrepreneur using the services provided by the Organizer electronically within the Website or concluding an Agreement with the Organizer,
6) Consumer - consumer within the meaning of Article 221 of the Polish Civil Code, which is a natural person having full legal capacity or - in cases provided for by law - limited capacity to perform legal acts, concluding an Agreement with the Organizer or using other services provided by the Organizer by electronic means to the extent not directly related to his/her business or professional activity,
7) Entrepreneur - entrepreneur within the meaning of Article 431 of the Polish Civil Code, which is a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, conducting business or professional activity on its own behalf, concluding an Agreement with the Organizer or using other services provided by the Organizer electronically,
8) Inquiry form - a form available on the Website that allows the Customer to initially express their willingness to book a selected Package Travel, to initially express their interest in a Travel created on individual order, as well as to obtain information or contact on other matters.
9) Agreement - an agreement within the meaning of the provisions of the Polish Civil Code, the subject of which are the Services, concluded between the Organizer and the Customer at a distance via e-mail or telephone.
10) Service - subject of the Agreement concluded under the terms of these Regulations,
11) Newsletter - service provided electronically by the Organizer after prior consent of the Customer, consisting in receiving automatically by the Customer, to the e-mail address provided by him/her, the most important information, including commercial information, related to the Website,
13) Polish Civil Code - Act of 23 April 1964 – Polish Civil Code (Journal of Laws 2019.1145.1495).
§ 2. GENERAL PROVISIONS
- These Regulations apply to Agreements and other services provided by the Organizer via Website.
- The services provided by the Organizer by electronic means on the Website consist in enabling the Customer to:
a) facilitate the conclusion of Agreements under the provisions of these Regulations,
b) receive the Newsletter,
c) use other services available on the Website.
- Advertisements, price lists and other information about Services provided on the Website shall be read as an invitation to conclude an Agreement, in pursuance of Article 71 of Polish Civil Code.
- The Website sells Services on the territory of the Republic of Poland.
- All Services available on the Website are in compliance with applicable standards, requirements and laws.
- The provisions of these Regulations are not intended to exclude or limit any of the rights entitled to the Customer, who is a Consumer, under legal regulations in force, including in particular the provisions of Polish Civil Code and the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2019.134.730). In case of inconsistency between the provisions of these Regulations and the provisions referred to in this point, these provisions shall prevail.
- Starting from the 1st of January 2021 - in the case of an Entrepreneur who is a natural person conducting business activity, entered in the Central Register and Information on Economic Activity (CEIDG) which concludes an Agreement directly related to person’s business activity, when at the same time it stems from the content of the Agreement that it does not have a professional character for such an Entrepreneur, resulting in particular from the subject of the business activity performed by an Entrepreneur made available in CEIDG (including in particular PKD codes) - the provisions of these Regulations concerning the Customer, who is a Consumer, also apply to such an Entrepreneur, except for the legal rule of Article 558 § 1 second sentence of Polish Civil Code. Nor shall the legal rules of Article 563 and Article 567 § 2 of Polish Civil Code be applicable to the Entrepreneur referred to in this point as from 1st of January 2021.
- For effective execution of the Services provided within the Website, it is necessary to have a terminal Device with access to the Internet and a web browser such as Google Chrome, Mozilla Firefox, Internet Explorer, Microsoft Edge, Opera or Safari in its current version, as well as a keyboard or other input devices enabling proper communication with the Website, including entering data. In addition, it is required have an active e-mail account to use certain features of the Website.
§ 3. PRINCIPLES OF USE OF THE WEBSITE
- The Customer is obliged to use the Website in a manner consistent with the legal regulations in force, principles of social coexistence and good manners, taking into account respect for personal goods and intellectual property rights of persons or third parties.
- The use of the Website is entirely voluntary.
- When using the Website, in particular when using the Inquiry form, the Customer is obliged to provide true and consistent with the actual state of data and information necessary to conclude and perform the Agreement.
- It is forbidden to transfer personal data of third parties through the Website without their consent. In the case of natural persons who do not have full legal capacity, their legal representatives or legal guardians should give their consent.
- All photographs and other materials (including, in particular, texts, graphics, logotypes) which are works within the meaning of the Act of 4 February 1994 on copyright and neighboring rights (Journal of Laws 2019.1231.2245), hereinafter referred to collectively as the Materials, placed on the Website, are the property of the Organizer or have been used by the Organizer with the consent of a person or a third party who holds intellectual property rights to the Materials.
- Both the Customer and any other person having access to the Website, is obliged to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including, in particular, for marketing, commercial or profit-making purposes) the Materials placed on the Website without written consent of the Organizer or any other person or third party who has intellectual property rights to the Materials, except for the use of these Materials within the framework of permitted use referred to in the regulations indicated in the preceding point.
- A breach of the preceding point could constitute an infringement of the law and thus give rise to civil or criminal proceedings against the persons or entities engaging in such practices.
- The Customer shall be fully liable to the Organizer and persons or third parties for damages related to:
a) violation by the Customer of legal regulations, including in particular the rights of persons or third parties and the provisions of these Regulations,
b) incorrect or unauthorized use of the Website, as well as for related technical problems, loss of data or other damages to the operation of the Website.
- The Customer’s liability referred to in the preceding point shall include both repairing the damage to the Organizer and to a third person or entity and incurring additional costs which resulted from causing the damage, including in particular court costs, costs of legal representation, costs of enforcement proceedings and other justified costs incurred by the Organizer in connection with causing the damage and in connection with the claims of third parties or entities.
§ 4. CONCLUSION OF AGREEMENT FOR PARTICIPATION IN A PACKAGE TRAVEL
- In the Inquiry form, the Customer chooses the date of the Package Travel he or she is interested in, indicates the number of persons for whom the Agreement is to be concluded and other details of the travel.
- After receiving the completed Inquiry form, the Organizer verifies whether there are still available places in the Package Travel selected by the Customer or whether it is possible to create the Package Travel according to the Customer's instructions. After positive verification, the Organizer sends the Agreement to the Customer to the provided e-mail address.
- The Customer sends back the signed Agreement by fax or makes a scan which sends by e-mail to the provided e-mail address of the Organizer.
- The Customer may withdraw from the Agreement in accordance with the provisions concerning the issue of withdrawal regulated in the Agreement and the annexes to the Agreement (in particular the GTCI). The above mentioned regulations do not exclude the rights of the Customer, resulting from the legal regulations in force.
§ 5. PAYMENTS
- The Customer shall pay to the Organizer the price of the Package Travel, resulting from the signed Agreement. The Customer is informed of the total price before concluding the Agreement.
- The price includes elements indicated in the Agreement.
- The Customer shall make payments in three instalments, in the amount and on the dates specified in the Agreement.
- The Customer makes payment by ordinary or Internet transfer to the Organizer's bank account indicated in the Agreement.
§ 6. PERSONAL DATA PROTECTION
- The Organizer is the Administrator of Customer’s Personal Data.
- The Organizer, as the Administrator, processes personal data in accordance with the provisions of the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (the General Data Protection Regulation) hereinafter referred to as the GDPR, the Act of 10 May 2018 on protection of personal data (Journal of Laws 2018.1000) hereinafter referred to as the Act, and other relevant regulations on personal data protection.
§ 7. FINAL PROVISIONS
- The Organizer reserves the right to introduce restrictions in the use of the Website caused by its technical service, maintenance works or works on improving its functionality. At the same time, the Organizer undertakes to make every effort to ensure that such restrictions and breaks take place during the night hours and last as shortly as possible.
- The Organizer reserves the right to change these Regulations. The changes shall come into force at a clearly given time indicated by the Organizer, not earlier than 7 days after their announcement. Notifications submitted prior to the entry into force of the amendments, referred to in the preceding sentence, shall be implemented according to the rules in force at the time of their submission. The Customer who does not agree to the changes introduced in these Regulations should refrain from further use of the Website.
- Any disputes between the Organizer and the Client - subject to their mutual consent - will be settled in amicable manner or in the presence of an independent and impartial mediator.
- A Customer, who is a Consumer, may:
a) use extrajudicial methods of considering complaint and laying claims referred to in the Act of 23 September 2016 on extrajudicial settlement of consumer disputes (Journal of Laws 2016.1823),
b) submit a complaint via the European ODR platform, available at http://ec.europa.eu/consumers/odr/.
- In the case of a lack of possibility of an amicable settlement of a dispute, the court having jurisdiction over the dispute shall be the court having jurisdiction over the Organizer’s headquarters, and in the case of a Customer who is a Consumer, the court having jurisdiction according to general rules.
- In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply, including in particular the provisions of Polish Civil Code, the Acts on consumer rights, the Acts on copyright and related rights and the provisions on personal data protection.
- The regulations are valid from 20.01.2020.