TERMS OF USE

CHAPTER I

GENERAL PROVISIONS

 §1 - Basic information 

1.       The owner of the Service is Tomasz Staszewski, running the business under the name: "2deal Tomasz Staszewski", ul. Zdziarska 75F Lok. 1, 05-800 Pruszków, NIP 5222651752.

2.       User creating an account in the Service is obliged to accept the provisions of these regulations, by which he/she concludes an agreement with the Administrator of the Service, the content of which constitutes these regulations.

3.       These regulations define the general principles related to the functioning of the Service and specific provisions concerning Clients and Partners. 

4.       If any point of these Terms of Use grants the possibility or imposes an obligation to contact the Administrator, it can be obtained through any means of contact indicated in the "Contact" section - on the main page, as well as through:

o   E-mail address: kontakt@mbooking.pl;

o   Telephone number: 695522255.

5.       An integral part of these Regulations is the Privacy Policy;

6.       The main purpose of the Service is to provide electronic services to enable Users to conclude transactions aimed at the purchase of Tourist Cards and services provided by Partners. In order to achieve this goal, the Website provides Users with a number of innovative functionalities described in these regulations.

§2 - Definitions

The following terms used in these regulations shall be understood as:

1.       Service/Portal - website, including all sub-pages and functionalities, available at www.kartaturysty.site and www. e-touristcard.site;

2.       Administrator - Tomasz Staszewski, conducting business under the name: "2deal Tomasz Staszewski", ul. Zdziarska 75F Lok. 1, 05-800 Pruszków, entered in the Register of Entrepreneurs - Central Registration and Information on Business Activity, conducted by the Minister responsible for the Economy, NIP 5222651752;

3.       Creation of an Account on the Website - the procedure for creating an account on the Website, as described for Customers in §4, and for Partners in §5;

4.        Account - a separate set of portal resources, created and managed by a User, enabling the use of its functions within the scope described in these Terms of Service;

5.       User - a Client or Partner who has an Account on the Website;

6.       Clients - natural persons having an Account, using the Website for purposes not directly connected to their business or professional activity;

7.       Partner - a natural person running a business, both as a sole proprietorship and as a partnership, a legal person and an organizational unit that is not a legal person and to which special regulations grant legal capacity, which completes the procedure of creating an account on the Website and creates a Company Account;

8.       Company Account - an account created and maintained by the Affiliate as described in §5;

9.       Subaccount - an account created within the Partner[ap]s Company Account for individual Partner[ap]s employees;

10.   Offer - a set of all services, booking points and other items made available to customers by a given Partner;

11.   Reservation - purchase of a service in the form of:

o   Reservation - booking the date and time of the service;

o   Subscription - reservation of a start and end date and number of services;

o   Ticket - purchase of a seat;

o   Registration - reservation of date and time of service and assigning a number in the queue.

12.   Customer Account - a separate set of portal resources, created and managed by the Customer, through which the Customer can use the services of the portal, and in particular browse the portal resources, make reservations and payments for individual services;

13.   Visitor - a person browsing the resources of the portal, not having an Account on the Website;

14.   Client - a natural person who has conducted, is conducting or intends to conduct any form of cooperation with a Partner, and at the same time is a Website User. 

15.   Mail - an electronic system of information exchange between Users, operating within the Portal. 16;

16.   Portal Resources - all information and content located on the Portal, entered by Users, Guests or the Administrator, made available to Guests, Clients and Partners in a diverse range;

17.   Work - any manifestation of creative activity of an individual character, determined in any form, regardless of value, purpose and manner of expression, in accordance with the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83 as amended);

18.   Mobile Application/Application - the program that enables the use of the Service, designed for devices with the android system, distributed through the Market Service of Google Inc., described in Appendix 4;

19.   Device - a telephone, tablet, computer or other android system on which the Mobile Application has been installed. 

§3 - Notifications 

1.       All confirmations and notifications within the Service may be sent via:

o   Mobile Application;

o   Mail;

o   Email messages;

o   SMS messages - if such functionality is purchased by Partner.

2.       These provisions include, in particular: notifications of any changes in the status of the service order, date registration, obligation to confirm the reservation, as well as changes in dates.

CHAPTER II

BEGINNING OF COOPERATION

 §4 - Creating an account in the Service by the Customer

1.       The users of the Service can be natural persons over 18 years of age. Persons who do not meet the aforementioned condition may be users of the Service only under the conditions specified in paragraph 2 et seq.

2.       User who is over 13 years of age but under 18 years of age or partially incapacitated, for effective making of declarations and concluding of agreements within the registration and use of the Service, is obliged to obtain consent for doing it from his/her statutory guardian or custodian.

3.       The Visitor may begin the process of creating an Account on the Website by clicking on the "Registration" button visible on the homepage or by placing an order for a particular service offered by the Partner. An obligatory element of reservation or registration in the queue within the offer of any Partner is creating an Account on the Website.

4.       During the process of creating a Customer Account on the Website, the form collects mandatory data - necessary for placing orders and reservations within the Website:

o   name and surname;

o   e-mail address;

o   mobile phone number;

o   password to the Account.

5.       After entering the aforementioned data, the person creating an Account is obliged to confirm that he or she has read and accepts the provisions of these Terms of Service, as well as the content of relevant consents concerning personal data processing. Consent for the processing of personal data in the extent exceeding the data necessary for registration on the Website and conclusion of transactions through it - e.g. for marketing of products and services of commercial partners - is always optional. Paragraph 2 applies to the assessment of such declarations made by minors and persons with limited legal capacity. 

6.       One Client can have only one account in the Service. This criterion is verified automatically by checking the email addresses provided when creating an account on the Website. The Customer is obliged to notify the Service in the event of any loss or suspicion of loss of authority over the Account, in particular loss of passwords and hacking into the Account. 

7.       After entering the above-mentioned data and acceptance of the statements referred to in Subparagraph 5, the Customer wishing to continue the registration process is required to confirm the accuracy of all the above data and choices by clicking on the "Register" button. This will result in a message confirming Account activation being sent to the e-mail address indicated in the registration form.

8.       Logging into an Account is done using an e-mail address and password.

9.       Logging in and creating an account on the site can also be done through the plugins of social networks: Facebook and Google+. Logging in shall be possible after the Customer accepts the transfer of data from a given social networking site. If the portal does not provide all the required data, the Service will ask to complete them.

10.   An activated Account enables the Customer, after logging in, to use all functionalities of the Service intended for Customers, and in particular to:

o   viewing and modifying his/her data;

o   change the password to the Account;

o   viewing all available booking and registration data with the possibility of filtering, in particular by: Partner name, service name, date, amount;

o   view queue status;

o   Tourist Cards;

o   Communication with Partners;

o   receive reminders;

o   Post feedback on completed reservations/registrations.

11.   If the Customer loses the password, he/she should go to the "Recover password" tab, where he/she will be asked to provide the e-mail address associated with the Account. The system will reset the password and send a notification with a temporary password. After logging in again you will be able to set a new password.

12.   Setting up an Account in the Service and submitting a declaration - in electronic form - of acceptance of the provisions of these Regulations constitutes conclusion of an agreement with the Administrator for an unlimited period of time, the object of which is to provide services electronically within the scope and under the conditions specified in these Regulations.

13.   A customer who has concluded a remote agreement has the right to withdraw from the agreement without giving any reason by making a statement in writing or by e-mail. 

§5 - Registration and basic Partner Account functions

1.       Partner wishing to start using the functionalities of the Service must have an individual Account, created according to a strictly defined procedure, which is described in this paragraph. By creating a Company Account, the Partner must accept the provisions of these Terms of Use, thus becoming a party to the agreement with the Administrator on provision of electronic services through the Service. The content of the legal relationship between the parties is defined by these Terms of Use. A person who creates a Company Account must be authorized to act on behalf of the Administrator within the scope of the agreement (regulations).

2.       Partner may have only one Company Account within the Portal.

3.       Creating a Company Account requires providing the following data, without which the registration process cannot be continued:

o   company name;

o   Registered office address;

o   Tax identification numer

o   E-mail address;

o   Phone number;

o   Account password

o   and optional: How did you hear about us?

4.       If you are a sole proprietor or partner in a partnership, you are additionally obliged to read the Privacy Policy of the Service and to agree to the processing of your personal data to the extent necessary for the implementation of the provisions of these Regulations.  

5.       After completing the steps described in paragraphs 3-4 and accepting the correctness of entered data, to the Partner[ap]s e-mail address given in the form will be sent an e-mail confirming the creation of an Account.

6.       After logging in using the e-mail address and password provided in the procedure of creating a Company Account regulated in paragraphs 3-5, the Partner shall have access to all the functions of a Company Account, and in particular to:

o   viewing and modifying the Partner[ap]s data and changing the password;

o   create a Partner[ap]s offer using service tools;

o   creating, modifying and deleting the sub-account, as referred to in §3. 7;

7.        In case of losing control over the Partner[ap]s account or sub-account, the Partner is obliged to inform the Administrator immediately in order to block the account or sub-account. The sub-account can also be blocked from the level of the Company Account.

8.       If the password to a Company Account or Sub-account is lost, a password recovery procedure must be initiated. This can be done through the Login Panel, using the "Recover password" button. When resetting the password, you must provide the e-mail address associated with the Company Account or Sub-account. The Service will send a new temporary password to this address, which can be changed after logging in.

9.       In order to delete the Company Account you have to inform the Service Administrator about this fact by sending an e-mail to the following address: kontakt@mbooking.pl.

CHAPTER III

CONCLUSION AND PERFORMANCE OF TRANSACTIONS

§6 - Reservation

1.       Both the Client and the Site Visitor have the possibility to search through the search engine for Partners[ap] offers according to the entered words and criteria, the list of which is provided by the search engine. Offers enable browsing the availability calendar - booking schedule, as well as reading the service description, its terms and conditions, possible regulations, if introduced by the Partner.

2.       Depending on the type of offer, the Service enables:

o   Booking a service - booking the date and time of the service;

o   Purchase of subscription - reservation of service in the form of subscription;

o   Registration in a queue - assigning a number in the queue;

o   Enrolment on a reserve list - a mode that allows the Customer to change to another booking date when another Customer cancels the service.

3.       The Customer may, through his/her Account, perform the actions indicated in paragraph 2 with respect to the service he/she has selected. In the case of a booking, he/she shall specify the date of its performance and the form of purchase of the service and the method of payment. In the case of a subscription, he/she shall specify the start date and the form of purchase of the service and the method of payment. In the case of queue registration, he selects the service and is informed of his number in the queue and the start date. In the case of registration on a waiting list, the Customer declares his or her willingness to use the service on the date booked by another Customer. The system will inform the Customer that the date he/she was interested in has become available.

4.       In the course of performing the actions specified in paragraph 2, the Customer may provide the Partner with comments regarding his/her order. This can be done through the "Your comments" section of the booking form. All data entered during the reservation and the terms of the selected offer are accepted by the Customer by clicking the "Book" button.

5.       The Customer will be notified by e-mail of the successful completion of the booking or any other step indicated in paragraph 2. The confirmation will also be generated as a PDF file, sent as an attachment to an e-mail message. After opening the attachment, the user will be able to print out the confirmation and present it at the service. The Service provides the possibility to send confirmations in other forms indicated in §6 item 2.

6.       Resignation from the service or failure to make the payment or confirm the reservation within the specified time limit causes the deletion of the reservation and automatic notification to the person waiting for a given date.

7.       The service allows you to configure reminders for booked services or services for which the client has registered for a reserve list. Editing the method of delivery of notifications, from among the general possibilities of their delivery indicated in § 3, is possible after logging in to one[ap]s Account. By default, the reminders indicated in §3 par. 1 letters b, c, d (provided that the functionality has been purchased by the Partner), e will be activated, which the Customer will receive on the day before the service is to be provided.

8.       The Customer who performs the actions referred to in paragraph 2 agrees to provide the Partner offering certain services with their personal data to the extent necessary for the implementation of the service and to verify the possibility of its implementation. These data are:

o   Name and surname;

o   Mobile phone number;

o   E-mail address.

9.       Reservations in the system may have the following statuses:

o   Unconfirmed;

o   Pending;

o   In process;

o   Realised;

o   Cancelled by the Consumer;

o   Cancelled by a Company. 10.

10.   Changes in the statuses of a given reservation are recorded by the system on the basis of information provided by the Partner or Customer, of which they are mutually informed.

11.   Reservations on the Service may have the following payment statuses:

o   New;

o   Pending;

o   Commenced;

o   Paid;

o   Cancelled;

o   Rejected;

o   Returned.

12.   Next to each Booking, its details will be available, specifying:

o   Type of Booking;

o   Date and time of the reservation;

o   Customer details;

o   Details of the service to which the booking relates;

o   Amount for the service to which the booking refers;

o   Payment status - the Partner will be able to freely change the status to another, but this information will also be visible to the Customer on his/her Account;

o   Additional information.

13.   If an individual or a Customer makes a Booking of a Partner[ap]s service outside the Service, the information about this fact may be entered into the Service by the Partner. In this case:

o   the natural person whose data will be entered by the Partner will be informed about this fact and about the possibility of registering an account on the Service.

o   The account thus created will be linked to the Partner[ap]s reservation and to the Partner[ap]s account from the moment of its creation. The data entered by the Partner will be automatically transferred to the registration form.

14.   The completion of the registration according to the procedure described under "a" or the acceptance of the link as described under "b" is tantamount to the action taken by the Customer - as indicated in paragraph 2. the comparison of data for the purposes of this paragraph includes Name, telephone number and email address.

§7 - Confirmation of Reservation

1.       The Customer who has successfully made a Reservation shall receive a confirmation of this action. The Service enables five basic types of this confirmation to be sent. The availability of individual options is defined by the settings of the Partner[ap]s Account which offers a given service, as well as by the settings of the Customer[ap]s Account.

2.       The confirmation referred to in the preceding paragraph may be sent by means of:

o   E-mail with attached PDF file and QR code - described in paragraph 4;

o   SMS message - described in section 5;

o   Mobile application - described in section 4;

o   Mobile Application with the possibility of confirmation by NFC - described in sections 6-8;

o   Gift Card - described in § 7.

3.       Each confirmation, irrespective of the form of submission, allows for the verification of the Booking details, which include, but are not limited to:

o   Reservation Number;

o   Name of the service;

o   Name and address of the Partner;

o   Customer details;

o   Payment status.

4.       After making a Reservation, the system will send an e-mail to the Customer[ap]s e-mail address with an attached PDF file, which will contain the QR code and confirmation of the Reservation along with its details. The QR code will also be available after logging in to the mobile application and the mobile version of the Service. There will be a link in the email to download the mobile application. The Customer can then print the PDF file with the QR code or take the phone and go with it to collect the service. The Affiliate will read the Reservation data from the PDF document or take a photo of the QR code with their phone and, via their Mobile Application, automatically read the Reservation data.

5.       Sending SMS messages with Booking confirmation will depend on the Partner[ap]s settings, which will be able to switch this functionality on and off. If it is available, after making and confirming the Reservation, the system will send an SMS message with its data.

6.       Confirmation in the form indicated in Paragraph 2(d) is only possible if the following conditions are met jointly:

o   The Partner has the mobile application installed on his device equipped with the NFC module or has a properly configured TAG, the requirements of which are specified in the Service Manual,

o   The Customer has a device (e.g. phone, tablet) equipped with an NFC module and has the mobile application installed on his device. The device is necessary to perform the service confirmed by this form of Booking.

7.       The Partner, after receiving Booking details from the Customer, searches for it in their Account on the Website and changes its status to completed.

8.       The Customer who used the service will be able to post an opinion about it on the Website. The possibility to place an opinion appears on the Customer[ap]s Account at the moment the Reservation[ap]s status changes to "completed".

§8 - Virtual Gift Card

1.       The Virtual Gift Card is a special form of confirmation of service reservation. It allows you to perform the above-mentioned action for a third party. The Virtual Gift Card shall be granted through the Portal in the form of an invitation or a gift. The service for which the Virtual Gift Card is intended may be paid for by the Client who is the sender of the gift. The method of payment for the Virtual Gift Card is chosen by the giver when booking the service. 2.

2.       The Virtual Gift Card may be transferred by the Customer in the same form as a regular reservation, taking into account the functionalities activated by the person bestowing the gift and selected by the Customer bestowing the gift.

3.       A wizard, available to the Customer after making the Reservation, is used to create the Virtual Gift Card. It enables the Customer to choose the appearance of the card depending on the manner of its provision to the gifted person. A Customer purchasing a Virtual Gift Card may create any multimedia message (text, image, sound) subject to limitations as to size - max. 500 kB and file formats - jpg, gif, mp3, avi, flv. The multimedia message may be transmitted in an e-mail. 4.

4.       After booking and purchasing a service in the form of a Virtual Gift Card, the recipient will receive a notification via e-mail and/or SMS and/or mobile application with information on the possibility of service provision. The date of the notification is chosen by the Customer who reserves the service, with the proviso that this date cannot be later than the date of the service.

5.       The e-mail notification, in addition to basic information about the gift, also contains all the instructions on how to complete the service with a QR code and a link for the quick installation of the mobile application, to which the data needed to complete the service will be transferred using, among others, the NFC module described in the previous paragraph.

6.       The paid reservation can be transferred both anonymously and with access to all information including the price of the service shown on the Virtual Gift Card.

7.       After the Virtual Gift Card is correctly confirmed, the system changes the status of the card to "completed".

§9 - Payments

1.       The Customer who wants to pay for the service booked with a given Partner, after choosing the date and correct logging into his account, will be redirected to the payment system, where he can choose one of the available payment channels, which have been defined by the Partner. Depending on its choice, payments can be made:

o   by ordinary bank transfer;

o   via the payment system;

o   in person when collecting the service;

2.       In case of a simple bank transfer or payment system, Partner may require or allow payment of only a part of the amount due for a given service as an advance or deposit. The amount of the deposit or advance payment shall be determined by the Partner.

3.       The website allows the use of electronic payments supported by the payment system:

o   PayU belonging to PayU S.A. company with the seat in Poznań, 60-166 Poznań, at 182 Grunwaldzka Street, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number 0000274399, holding NIP number: 779-23-08-495, with the share capital of 4,000,000 PLN fully paid up.

o   Tpay owned by Krajowy Integrator Płatności S.A. with the registered office in Poznań, 61-808 Poznań, ul. Św. Marcin 73/6, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under number 0000412357, holding tax identification number (NIP) 777-30-61-579, with the share capital of PLN 4,848,500 fully paid up.

o   Przelewy24 owned by DialCom24 Sp. z o.o. with the seat in Poznań, 60-327 Poznań, at Kanclerska 15 Street, entered into the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number 0000306513, possessing NIP number: 781-173-38-52, with the share capital amounting to 1.697.000 PLN fully paid up.

4.       If the Partner has set up a payment through the payment system and the Customer chooses this method, the following options are available for completing the payment procedure:

o   Cancellation of the procedure or information on authorization error - the system will transfer the Customer to a dedicated web page displaying an error message;

o   Correct authorisation and payment of the service - the system will redirect the Customer to a dedicated website, displaying a window with the confirmation of the service purchase. The confirmation will also be available from the level of the Account of the registered Customer. The system will automatically change the status of the service to appropriate. Additionally, the system will send all the necessary information about the service realization procedure to the Customer[ap]s e-mail address and will notify the Partner about buying the new service.

5.       Customer will be able to pay for the service during the Reservation or at a later date after logging in to their Account.

§10 - Mail

1.       The Service will enable mutual communication between the Customers and the Partners through an internal communication system - the Mail.

2.       When the message is sent, the System sends a notification to the mailbox with information about the new message within the Mail. After logging in, the Customer or Partner will have access to the full correspondence. Notifications can be disabled in the Account settings.

§11 - Service notifications

1.       The Service allows customers to define in their Account preferences regarding interests or currently searched for offers, which involves consent to receive marketing information in such a range.

2.       When there are offers that meet the pre-defined criteria, the system will automatically send a notification with information about the possibility of booking or purchasing the service through the means of communication indicated in §3 (1) b, c and e.

3.       The functionality will be active by default in the case of consent to receive marketing information during the registration process. Consent given once will not have to be confirmed the next time the functionality is activated.

CHAPTER IV

PERSONAL DATA

§12 - Personal data protection.

1.       The Administrator processes personal data of the Service users in accordance with the generally applicable law, in particular RODO, hereinafter referred to as the Act.

2.       The Administrator specified in §2 (2) of the Terms of Use is the administrator of the personal data bases of the Service Users submitted within and in connection with the use of the Service. Personal databases of Users have been notified to and registered by the Inspector General for the Protection of Personal Data in accordance with the relevant provisions of the Act. 3.

3.       Administrator retains all security measures to protect data entrusted to him.

4.       Personal data are used to mediate in establishing contacts between Users: Partners and Customers, therefore, may be transferred between users of the Service, if such an obligation arises from these Regulations.

5.       Users have the right to access their data and to correct them. They can exercise it by logging into their User Account or by contacting the Administrator. Data is provided voluntarily, however failure to provide data indicated in the registration form as mandatory will prevent the creation of an Account in the Service.

6.       The Partner is the administrator of the data provided to it for the purpose of fulfilling its obligations towards the Client under separate agreements and these Terms of Use, including, in particular, Client data entered by it in the Service. With regard to the aforementioned data, the Partner is responsible for processing it in accordance with the provisions of the Act. A natural person who is not a Client will be informed that his/her personal data has been entered into the Service and that registration is possible. If the person is a Client (as defined in these Terms of Service), the introduction of the data by the Partner will result in notification and, if confirmed, transmission of the Client[ap]s data to the Partner, as referred to in §5.8.

7.       Detailed provisions on the protection of Users[ap] personal data are contained in the Privacy Policy, which constitutes Appendix No. 1 to these Terms of Service. 

CHAPTER V

LIABILITY AND TECHNICAL REQUIREMENTS

§13 - Complaints.

1.       The Service operates on the principles and in the manner specified in these Terms of Use.

2.       The Administrator of the Service operates the Service in compliance with the generally applicable law.

3.       Anyone who feels that the Administrator[ap]s activity, the way the Service operates or the behaviour of Users violates his/her legitimate interests resulting from the provisions of these Terms of Use or generally applicable law can file a complaint to the Administrator. It can be reported through the means of Contact visible in the Contact section of the main page. 4.

4.       The notification referred to in the preceding paragraph may concern in particular

o   violation of copyright by placing works in the Service contrary to the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended);

o   unauthorized infringement of entrepreneurial markings - impersonation of an entrepreneur;

o    violation of trademarks, utility models, patents or other rights protected by the Act of 30 June 2000 Industrial Property Law (Journal of Laws 2001, No. 49, item 508, as amended)

o   unlawful use of personal data belonging to a natural person - impersonation of a natural person;

o   violation of personal rights of a natural person or an entrepreneur. 5.

5.       A report submitted in this way should specify the reason for its submission and, if necessary, a brief justification.

6.       Customers have the right to turn to the Administrator to mediate in contacts with the Partner, within the framework of contacts related to agreements concluded through the Service. The mediation concerns in particular disputes on the change of service status or payment.

7.       Administrator undertakes to respond to notifications immediately, but no later than 14 days after receipt.

8.       The fact of receiving a notification does not oblige the Administrator to act in accordance with its contents. The Administrator shall comply with all orders contained in valid court decisions and administrative decisions.

9.       Claims and complaints related to the provision of services by the Partners, as well as those related to changes in the status of implementation or payment of services are addressed to the individual Partners.

§14 - Liability and its exclusions.

1.       The Administrator, as an intermediary in concluding agreements between Users, does not guarantee nor assume responsibility for the correct performance of obligations by any of the parties to the agreement concluded through the Service.

2.       Administrator does not assume liability for damages, which may be suffered by third parties or other Users in connection with the actions of Users, and in particular for the manner in which they use the Service, with particular emphasis on entering opinions, comments and other content.

3.       Administrator provides a possibility to report observed violations, according to the procedure described in § 13.

4.       The Administrator has no influence on and is not responsible for:

o    Internet connections, in particular for the interruption, suspension or distortion of such a connection, resulting from the fault of the User, the telecommunications equipment used by him to connect to the Internet, including its incorrect configuration;

o   damages, which may occur in computer systems of Service Users in connection with interactions with particular functionalities due to failure of User to meet the technical requirements referred to in §15;

o   loss, distortion or destruction of content sent to the Website electronically, in connection with the occurrence of irregularities referred to in points "a" and "b";

5.       User is responsible for the compliance of the content uploaded to the Service with these Regulations and the provisions of generally applicable law, with particular regard to the regulations contained in §13.4. Users are prohibited from posting illegal content. User is obliged to cover all claims of third parties, to which Administrator will be exposed due to violation of these Regulations.

§15 - Technical requirements of the service provided.

1.       In order to properly use the Service it is required:

o   connection to the Internet;

o   web browser:

·      Mozilla Firefox;

·      Microsoft Edge;

·      Google Chrome;

o   in the current version of the respective browser;

o   for some functionalities, in order to use their full capabilities, it may be necessary to enable the SSL secure data transmission protocol, Java Script and cookies in the browser;

o   an email client, e.g: Outlook Express, Windows Mail in order to read the registration confirmation and other messages provided for by the Regulations or by law.

2.       Requirements for files that can be used within the Service are specified in the descriptions of individual functionalities.

3.       Particular risks associated with the use of the Service include use without safeguards described in the documentation of the Internet browser. This applies in particular to mechanisms extending the capabilities of browsers by functions going beyond the HTML standard. In the case of improper configuration of browser security, there is a possibility of interception of data sent to and from the WWW server. Using the services provided through the World Wide Web requires providing the following basic information about the computer: operating system, browser, domain, IP address. 4.

4.       The service uses cookies for statistical purposes and to enable the functioning of the service, e.g. remembering the user[ap]s login data. Using the service is conditioned by giving consent to storing these files in the User[ap]s ICT system. Information on possible exclusion of the possibility of storing this information is available in the Instructions. Changing the settings according to the instructions contained in the link may be associated with malfunctioning of some elements of the Portal. 5.

5.       Information contained in system logs created on the servers of the Service contain data on connections with servers of the Service, e.g. IP address and mac addresses. These data can be made available to entities authorized on the basis of valid legal regulations in case of violation of the rights of the Service, attempt of hacking, other activity to its detriment or violation of legal regulations.

§16 - Administrator[ap]s rights

1.       The Administrator has access to the Users[ap] data collected in the Service, as well as to:

o   full audit trail of Users;

o   list of services used by a given Partner;

o   list of Reservations of a given Partner;

2.       Within the framework of the Service, the Administrator is entitled to:

o   block the Partner[ap]s or Customer[ap]s Account, if it is found that they violate the provisions of these Regulations or the law;

o   Sending messages to the Users, connected with functioning of the Service, including the marketing of own services;

o   send enquiries to Users in connection with objections raised against them, as referred to in §12. 3.

3.       The above-mentioned rights do not limit or exclude the Administrator[ap]s rights described in the provisions concerning particular functionalities.

4.       In case of suspicion that the Administrator[ap]s actions are beyond the scope of these Terms of Use or the provisions of law, each User has the right to call upon him/her to provide explanations and to cease the violations in accordance with the procedure indicated in §12 par. 3.

CHAPTER VI

FINAL PROVISIONS

§17 - Final provisions.

1.       The User may delete his/her Account at any time, using the messages sent to the Administrator. The Account shall not be removed in the event that it has open - unfinished orders. Removing the Account shall be equivalent to submitting a declaration of termination of the Agreement connecting the parties. A User Account shall be removed from the Service after 14 days from the moment of submitting a declaration of will to delete it. During this period, the User can revoke his declaration. 2.

2.       In matters not covered by these Regulations, the provisions of commonly applicable law shall apply, with particular reference to:

o   Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);

o   Act of 18 July 2002 on the provision of electronic services;

o   the Act of 23 April 1964. - Civil Code.

o   The Regulations are subject to the rigours of Polish law.

3.       Provisions of these Regulations do not violate any provisions of commonly binding law. In case of any inconsistency between the provisions of these Regulations and mandatory provisions of the law, the latter shall prevail.

4.       Expansion of the functionality of the Service does not require amendments to these Regulations, provided that the changes do not affect the scope of existing services provided to the User through the Service and the scope of processed personal data.

5.       Disputes arising from the application of these regulations and other related to the legal relationship between the Administrator of the Service and the Users will be considered by the court competent according to the provisions of material and local jurisdiction in accordance with the Code of Civil Procedure.

6.       Before resorting to court proceedings, User can start the procedure aimed at amicable termination of the dispute, e.g. by mediation conducted by the Provincial Inspectorate of Trade Inspection competent for him.

7.       The Administrator reserves the right to make changes to these regulations, provided that the Users will be informed of the changes 30 days before they come into force.

8.       These Regulations shall come into force on: 01.01.2021.