Terms of service

TERMS OF SERVICE

MOTOpodrozni.pl

I. GENERAL PROVISIONS

  1. These regulations (hereinafter referred to as "Regulations") defines the rules of use of the service available at the address motopodrozni.pl (hereinafter referred to as "Service").
  2. The administrator of the personal data processed on the Website is pl Spółka z o.o. with its registered seat at ul. Okrężna 32A, 87-700 Stawki, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Bydgoszcz under the number 0000727110, entered in the register of tour operators facilitating the purchase of related tourist services kept by the Marshal of the Kujawsko-Pomorskie Province under the number 340, having NIP 5621809114 and REGON 36993685600000, with the share capital of PLN 5,000, e-mail address: admin@motopodrozni.pl, tel: +48512818380 (hereinafter referred to as "Administrator„).
  3. The Regulations define the rights and obligations of Users, including both those making Reservations and taking other actions on the Site.
  4. The Regulations were developed on the basis of applicable laws, with particular attention to:
    1. Act of July 18, 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344, as amended);
    2. Act of November 24, 2017 on tourist events and related tourist services (i.e., Journal of Laws of 2020, item 2139, as amended);
    3. Act of May 30, 2014 on consumer rights (i.e., Journal of Laws of 2020, item 287, as amended);
    4. Act of April 23, 1964 Civil Code (i.e., Journal of Laws of 2020, item 1740, as amended);
    5. Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/we (General Data Protection Regulation) (OJ EU. L. 2016 No. 119, p. 1 as amended);
    6. Act of May 10, 2018 on the protection of personal data (i.e., Journal of Laws of 2019, item 1781).
  5. Each User, as soon as he/she starts to use the Service, is obliged to comply with these Regulations. Acceptance of its terms and conditions is tantamount to consent to the conclusion of an agreement with the Administrator for the provision of electronic services.
  6. Other terms used in the Regulations mean:
    1. User - User of the Website - a natural person who has full capacity for legal actions; a legal person or an organizational unit without legal personality, with legal rights granted by the Law, using the Website. The User of the Service may also be a person who does not have full legal capacity, with the consent of his/her legal guardian.
    2. Law - Act of November 24, 2017 on tourist events and related tourist services (i.e., Journal of Laws of 2020, item 2139, as amended).
    3. Consumer Rights Act - dated May 30, 2014, the Law on Consumer Rights (i.e., Journal of Laws of 2020, item 287, as amended).
    4. Law on provision of electronic services - Act of July 18, 2002 on providing services by electronic means (i.e. Journal of Laws of 2020, item 344, as amended);
    5. Civil Code - Act of April 23, 1964. - Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended).
    6. Contract - the contract for participation in the Tourist Event as a whole or, if the Tourist Event is carried out on the basis of separate contracts, all contracts covering individual tourist services within the same Tourist Event, concluded between the User and the Administrator through the Service on the terms and conditions specified in the Terms and Conditions of Participation.
    7. Traveler (Participant) - anyone who wishes to enter into an agreement or is entitled to travel under an Agreement entered into within the scope of the Act.
    8. Event (Tourist Event) - A combination of at least two different types of travel services for the same trip or vacation, meeting the conditions referred to in Article 5(1) of the Law.
    9. Conditions Participations - Conditions of Participation in tourist events organized by the Administrator.
    10. Reservation System - Internet booking system for Events made available to the User on the Site, administered by Skaleo sp. z o.o. with its registered seat in Warsaw (02-886) at Rybałtów 12/40, registered in the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XIII Economic Department of the National Court Register under KRS: 0000841734, NIP: 9512501715, REGON: 386099597.
    11. Booking - placing an order for participation in a Tourist Event available on the Site. Booking is tantamount to reading and accepting the provisions of these Terms and Conditions, Terms of Participation and Privacy Policy.
    12. Payment - payment for all travel services in the Tourist Event indicated by the User and compiled in the Booking.
    13. Contact Form - An electronic path to contact the Administrator to submit an inquiry.
    14. Service functionalities - types and scope of electronic services provided on the Website.
    15. Service Functionality Agreement. - Agreement concluded between the User and the Administrator for the use of the Service Features.
  7. Current descriptions of Events posted on the Site do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code, but are an invitation to conclude an Agreement.
  8. The data contained in the description of the Events are for informational purposes and are subject to change prior to the conclusion of the Agreement, subject to the requirement of Article 40(3) of the Act to inform the Traveler of the change.

 

II. FUNCTIONALITIES OF THE SERVICE

  1. Through the Site, Users are offered access to the Services and the opportunity to use the contents of the Site, in accordance with the Terms of Service and additional terms and conditions published by the Administrator.
  2. The date of conclusion of the Service Functionality Agreement shall be the date on which he/she begins actual use of the Service.
  3. The Service Functionality Services Agreement is concluded for an indefinite period of time. The User, under the terms of the Consumer Rights Act, may withdraw from the Service Feature Provision Agreement without stating a reason, by submitting a statement to that effect within 14 (in words: fourteen) days from the date of its conclusion - in accordance with Article 27 of the Consumer Rights Act. To meet this deadline it is sufficient to send the statement to the Administrator's registered office address or e-mail address specified in paragraph 1 above before its expiration. In the event of withdrawal from the Service Functionality Agreement by the User under the terms and conditions specified above, the aforementioned agreement shall be considered not concluded.
  4. The Service provides Services that allow you to make a Reservation and conclude a Contract.
  5. The Administrator enables the User through the Service, among other things:
    1. familiarization with the Terms of Participation;
    2. familiarization with the Terms of Service;
    3. familiarize yourself with the Privacy Policy;
    4. Getting acquainted with the descriptions of Tourist Events;
    5. transition to the Reservation System;
    6. checking the address and contact information of the Administrator;
    7. sending a message/question to the Administrator via the Contact Form;
  6. The Reservation System allows the User to, among other things:
    1. Making a Reservation for certain travel services available for the Event along with entering the Participants' data;
    2. familiarization with the Terms of Participation;
    3. familiarization with the Terms of Service;
    4. familiarize yourself with the Privacy Policy;
    5. making Payment.
  7. The Administrator enables the User to receive information using terminal devices (such as mobile and landline phones, tablets, computers) and automatic calling systems about current events, contests, promotions, marketing messages regarding the Administrator's services and products to the e-mail address provided by the User. In addition, the Administrator allows the User to receive commercial information about goods or services offered by the Administrator to the e-mail address indicated by the User. In order to receive the above-mentioned information, the User agrees to receive it and to process his/her personal data for the above-mentioned purpose by selecting the appropriate options on the Website.
  8. The User may at any time opt out of receiving the information referred to in paragraph 7 above by:
    1. Clicking the appropriate link in the body of the email;
    2. sending an e-mail to the Administrator's address with a request to stop sending certain information;
    3. sending a message through the Contact Form available on the Website.

 

III. RESERVATIONS

  1. In order to make a Reservation, the User selects the option "OPEN ONLINE BOOKING FORM" available in the description of the Tourist Event. Then, through the Reservation System, in the appropriate fields of the form, he/she provides personal information: first and last name, date of birth, and contact information: address, contact telephone number, e-mail address of the person making the reservation, as well as personal information and contact information of the other Participants for whom he/she is booking the Event.
  2. In order to set up a Booking, the User must be at least 18 (in words: eighteen) years of age and have full legal capacity.
  3. The possibility of Reservation applies to Tourist Events, in the description of which the option "OPEN ONLINE BOOKING FORM" is active. If the User has any doubts about the availability of the Tourist Event, please contact the Administrator.
  4. Reservation takes place after the Participant confirms that he/she has read these Regulations, Terms of Participation and Privacy Policy. The Administrator is not responsible for the consequences of false or incomplete information provided by the Participant.
  5. Once the Administrator confirms the Reservation in the form of an email, the Agreement with the Participant is concluded. The Agreement is concluded in electronic form. The Participant, by paying the price of the Tourist Event (part or all of it), accepts the terms of the Contract. Detailed terms and conditions of concluding the Contract, in particular regarding payment, rights and obligations of the Participants, complaints, cancellation of the Tourist Event or change of date are specified in the Terms of Participation.
  6. The terms and methods of payment are available in the Reservation Summary in the Reservation System and the Administrator's email.
  7. All prices listed on the Site are gross prices and include VAT.
  8. Settlement of payments for the Tourist Event by e-transfer, credit card, Masterpass, PayPal or any other means is carried out through PayU. The services in question are provided by PayU S.A., 186 Grunwaldzka St., 60-166 Poznań, entered in the Register of Entrepreneurs in the District Court of Katowice - Wschód, VIII Economic Department of the National Court Register under the KRS number 0000274399, share capital in the amount of PLN 130,100,000.00 paid in full, NIP: 779-23-08-495, REGON: 300523444. For more information, please visit the website: https://www.payu.com.

 

IV. LEGAL OBJECTIONS

  1. All information, data and materials provided on the Service are protected by copyright, trademark rights, database rights or other intellectual property rights.
  2. Users may use the Service only for personal and non-commercial purposes. The Administrator prohibits the use of any automated systems or software to obtain data from the Service for commercial purposes (so-called "screen scraping"), as well as providing or operating links to the Service without the prior written consent of the Administrator.
  3. In case of any unauthorized use of the Website, the Administrator reserves the right to take all necessary actions, including legal action. If the Administrator becomes aware of violations of rights to information, data and materials, the Administrator will summon the User to remedy the consequences of the violations at the User's expense. If the User fails to comply with the summons of the Administrator within 14 (in words: fourteen) days from the date of receipt of the summons by the User, the Administrator may pursue claims against the User for infringement of rights to information, data and materials.
  4. Despite making every possible effort, the Administrator does not guarantee that the information about the Tourist Event and the prices indicated on the Website are free of deficiencies and errors, which, however, cannot be the basis for claims.
  5. In order for the Service Functionality to function properly, there is a likelihood of hypertext references to Internet resources belonging to third parties. In this case, the User should familiarize himself with the legal restrictions applicable to these resources.

 

V. WITHDRAWAL FROM THE CONTRACT

  1. The conditions allowing the Traveler to withdraw from the Agreement concluded through the Service and the withdrawal procedure shall be in accordance with the Terms of Participation.
  2. The Participant has no right to withdraw from the Agreement under the Consumer Rights Act pursuant to Article 38(12).

 

VI. COMPLAINTS

  1. The Administrator shall take measures to ensure the fully correct operation of the Service, to the extent of current technical knowledge, and undertakes to remove any irregularities reported by Users within a reasonable period of time.
  2. The User is obliged to immediately notify the Administrator of any irregularities in the functioning of the Service.
  3. Irregularities related to the functioning of the Service may be reported in writing to the address: 32A Okrężna Street, 87-700 Stawki, or by email at. admin@motopodrozni.pl.
  4. In the complaint, the User should provide his/her name, e-mail address for correspondence in case of a written complaint, the type and date of occurrence of irregularities related to the functioning of the Service.
  5. The User will be informed of the resolution of the complaint by e-mail to the e-mail address indicated in paragraph 1 above within 30 (thirty) days from the date of filing the complaint in question.
  6. In the event of a dispute between the Administrator and the User as to the legitimacy of the refusal to accept a complaint, the User has the right to use out-of-court means of processing complaints and claims. The User may use mediation or conciliation by providing the institution before which the proceedings will take place with an appropriate form - a request for mediation or a request for consideration of the case before an amicable court. A list of sample institutions with contact information is available at uokik.gov.pl. At http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available.
  7. Complaints regarding the performance of the Agreement should be submitted in accordance with the provisions of the Terms and Conditions of Participation.

 

VII. SUSPENSION OR TERMINATION OF SERVICE FUNCTIONALITY
IN FAVOR OF THE USER

  1. The implementation of the Service Functionality may be suspended or terminated completely if the Administrator determines that:
  2. The User violates the provisions of these Terms of Service. Until the matter is clarified, the implementation of the Service Functionality may be suspended;
  3. The User consciously or unconsciously undertakes actions that cause interference in the structures of the Service to which this User does not have access, or by his actions destabilizes the functioning of the Service, regardless of the manner and techniques of the above prohibited actions;
  4. The user takes actions that are otherwise considered harmful to the Administrator, and in particular when:
  • the data provided by the User contains an expression commonly considered offensive or inconsistent with good morals;
  • The User uses vulgarisms or pornographic, racist or any other content constituting a violation of generally applicable laws or good customs in the forum/chat room functioning within the Service or in correspondence addressed to the Administrator;
  • The Service is used for purposes inconsistent with its purpose, to the detriment of the Administrator or third parties;
  • The Service is used by the User in violation of the law in force in the Republic of Poland or contrary to the good customs accepted for the use of the Internet.
  1. A User for whom the implementation of a Service Feature has been suspended or terminated by the Administrator may not use the Service Feature again without the prior consent of the Administrator. The User also loses the right to all previously obtained privileges and possible promotions available to new Service Users.

 

VIII. FINAL PROVISIONS

  1. The Regulations are available on the website of the Service.
  2. The Administrator reserves the right to change the content of these Regulations. Changes to the Terms and Conditions will be made by the Administrator by publishing the new content of the Terms and Conditions in the Service. The provisions of the Terms and Conditions in force at the time of conclusion of a given Agreement shall apply to Agreements concluded before the new provisions come into force.
  3. The law applicable to these Regulations shall be Polish law.
  4. The regulations are effective as of 1.09.2021.