TERMS OF USE OF THE WEBSITE WWW.GOALPES.COM
§ 1
TERMS AND CONDITIONS FOR THE PROVISION OF CARRIAGE SERVICES
1. Terms and conditions for making Bookings of carriage services.
1.1. The Customer may book carriage services through:
a) Booking Form,
b) electronic mail to the e-mail address: [email protected]
1.2. Bookings can be made only by:
a) natural persons having full capacity to act in law,
b) representatives of legal persons and entities without legal personality authorised sufficiently to make Bookings and enter into contracts
1.3. When making a Booking, the Customer shall each time confirm the truthfulness and accuracy of the data entered,
1.4. The prices and other charges, if any, as indicated in the Booking summary, are expressed in Euro (EUR), represent the total remuneration and other amounts due for the provision of the services covered by the Booking and include taxes.
1.5. Carriage services must be booked sufficiently in advance. The Customer cannot make a Booking after arriving at the airport,
1.6. The Customer is required to provide accurate and correct contact details, in particular email address and phone number. Customers are kindly requested to check whether it is possible to reach the phone number provided when making the Booking (also on the day of the service). Providing incorrect contact details may make it impossible for the Carrier to contact the Customer,
1.7. The Customer shall provide the Carrier with information about:
a) the flight, among others the flight number and the date and time of departure or landing,
b) the place and address to pick-up Passengers.
1.8. Making a Booking means entering into Contract of Carriage,
1.9. After making a Booking, the Carrier shall send the Customer an email containing the following data:
a) Booking confirmation number,
b) details of the carriage booked,
c) price,
d) Booking and cancellation terms and conditions
1.10. Upon receipt of the confirmation, referred to in Sub-Paragraph 1.6 of this Section, the Booking shall be binding on the Carrier and the Customer.
2. Information regarding the price and methods of payment for the Booking.
2.1. When making a Booking, the Customer is required to make a prepayment for the Booking to the Carrier's bank account. The amount of prepayment corresponds to 50% of the total price of the carriage service, and the Booking shall be confirmed provided that the prepayment is made within 3 days after making the Booking. The Customer shall pay the remainder of the price on the day of the carriage service at the latest,
2.2. In the event that the Booking is not prepaid within 3 days of the date of placing the Order - the Booking shall be cancelled,
2.3. Payments for Bookings shall be made via online payment system. In the case of payments via online payment platforms, the Recipient shall make the payment prior to the commencement of the service. Online payment platforms enable you to make the payment by card.
3. Modification and cancellation of Bookings.
3.1. The Customer shall inform the Carrier forthwith of any modifications made to the Booking,
3.2. The Customer may modify the conditions of the Booking made (date of departure, place of destination, Vehicle), whereby any modification of the terms of the service may result in a change of the price for the performance of the service. To make modifications, the Passenger shall contact the Carrier and obtain a respective confirmation from him and possibly receive a refund or pay the difference in the amount due,
3.3. The Customer may cancel the Booking at any time,
3.4. In the event that the resignation is made at least 72 hours prior to the date of the service, the Carrier shall reimburse the Customer for the costs of the Booking made, after deducting a compensation in the amount corresponding to 5% of the Booking price,
3.5. In the event that the resignation is made less than 72 hours prior to the date of the service, the Carrier shall reimburse the Customer for the cost of the Booking made, after deducting a compensation in the amount corresponding to 50% of the Booking price,
3.6. Reimbursements shall be made to the same card used to pay for the Booking, in Euro currency (EUR),
3.7. The Passenger’s failure to appear at the scheduled time of departure shall be considered as his/her resignation from the transportation. In this situation, the Customer shall be refunded the amount due for the transportation, less 50% of the Booking price as a compensation.
4. Conditions of carriage
4.1. The service of carriage shall be provided by the Carrier using its own Vehicle or by carriers subcontracted by the Carrier,
4.2. One day before the date of the service, the Customer shall receive from the Carrier a text message with final confirmation of the transfer. If the Customer doesn’t receive a text message confirming the transfer until 5:00 p.m. on the day before the trip, the Customer shall contact the Carrier at the number + 33 7 66 35 60 60,
4.3. The driver shall be waiting for the Passenger with his name plate, at the time and place of pickup indicated in the Booking,
4.4. The Passenger shall inform the Carrier forthwith of any delays in arrival (e.g. due to delayed departure or landing of the plane, passport control, luggage collection) at the number: + 33 7 66 35 60 60,
4.5. If the Passenger is not at the pickup point at the time indicated in the Booking, the Carrier shall contact the Passenger. If the Carrier is unable to contact the Passenger within 30 minutes of the scheduled time of pickup, the Carrier has the right to withdraw from the contract and drive away from the pickup point,
4.6. If the plane is to land at an airport other than the one originally indicated in the Booking, the Passenger shall contact the Carrier to determine if there is a possibility of being picked up from the alternate airport. In this situation, the cost of the transfer may be changed, in accordance with the provisions of Sub-Paragraph 3.2 of this Section,
4.7. In case the passenger lands ahead of schedule, the driver may not yet be at the airport. In this situation, the Passenger shall stand near the exit from the arrivals hall and wait for the driver or contact the Carrier to inform it of the early landing,
4.8. If the driver has to wait for the Customer for more than 90 minutes from the initial flight arrival time or more than 15 minutes from departure originally determined for hotels, train stations and etc., this shall be deemed to be an amendment to the Contract of Carriage. In this situation, any modification of the terms of the service may result in a change of the price for the performance of the service and an obligation to pay the Carrier an additional fee. Sub-Paragraphs 3.1 and 3.2 of this Section shall apply. The seller states for information only that the amount of the additional fee is EUR 0.75 per minute.
5. Luggage.
5.1. Each Passenger is allowed to carry two pieces of luggage (one suitcase or bag of standard size 23 kg and hand luggage) and one pack with skis, snowboard (maximum length 190 cm) or bicycle (maximum dimensions 160 cm x 80 cm x 30 cm). The pack with skis, snowboard or bicycle must be indicated at the time of booking. Customers are urged to properly secure their luggage before the trip.
5.2. The Passenger shall inform the Carrier about each case of exceeding the values, referred to in Subsection 4.9, by the Passenger's luggage.
6. Rules regarding carriage of minors and persons with non-standard equipment.
6.1. All children under 12 years of age and under 135 cm in height are required to travel in child safety seats. Equipping the Vehicle with child seats is included in the price of the service. When making a Booking, the Customer shall specify the number of child seats needed,
6.2. If the Passenger needs non-standard equipment for safe transit (e.g., due to disability, injury, etc.), the Passenger shall equip himself/herself with such equipment on his/her own or contact the Carrier to make arrangements for such transit,
7. Duties of Passengers.
7.1. The Passenger shall take the seat indicated by the persons operating the Vehicle,
7.2. The passenger shall comply with the order regulations applicable to transport and the recommendations given by the persons operating the Vehicle,
7.3. If the Vehicle is equipped with seat belts, the Passenger shall use these belts during the trip. For Passengers under 16 years of age, it is the duty of their parents or guardians to check and make sure their seat belts are properly fastened,
7.4. Drinking alcoholic beverages, using intoxicants, as well as smoking tobacco and e-cigarettes is prohibited in the Vehicle. If the Passenger performs any of the actions listed in this sub-paragraph, a penalty in the amount of 250 euro shall be imposed on him/her.
7.5. The Carrier reserves the right to refuse to carry a Passenger who is under the influence of alcohol or drugs, or who behaves in an abusive manner towards other Passengers or Carrier's personnel,
7.6. The Passenger shall be liable for any damage inflicted on the Carrier (in particular for damaging the Vehicle and its equipment) and on the other Passengers, under the general rules laid down in the Civil Code,
8. Failures and Force Majeure.
8.1. In case of technical problems related to, inter alia, failure of the Vehicle or other circumstances beyond the Carrier's control, e.g. road accident causing delay, the Carrier undertakes to find an alternative solution to the problem,
8.2. If before or during the carriage there occur circumstances that make it impossible to carry out the carriage in accordance with the provisions of the contract, the Carrier shall promptly notify the Passengers of this fact and arrange, without additional payment, for them carriage to the place of destination using its own or third-party Vehicles (substitute carriage),
8.3. In case of interruption in transit, the Passenger shall be entitled to reimbursement for the entire interrupted transit, and also may return to the place of departure, free of charge, unless the carrier is unable to organise such carriage,
8.4. The Carrier shall not be responsible for late arrival of Passengers to catch other connections, if any, due to reasons beyond the Carrier's control. Such delays may be caused by any acts of Force Majeure, in particular obstructions on the transit route caused by traffic jams or road collisions without the participation of the Carrier-owned vehicle or by a bus breakdown that will be removed. If this is not possible, a substitute bus shall be made available.
9. Insurance
9.1. The Provider recommends that the Passenger take out adequate travel insurance that guarantees the most extensive medical assistance, as well as assistance in case of damaged or lost luggage or flight cancellation.
§ 2
GENERAL PROVISIONS
1. The website located at www.goalpes.com is operated by GOALPES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the Register of Entrepreneurs kept by the District Court Katowice - Wschód in Katowice, 8th Commercial Division of the National Court Register [KRS] under the KRS number: 0000505657, NIP [Taxpayer ID No.]: 6312653206, REGON [Business ID No.]: 243530801, place of business and correspondence address: ul. Kozielska 220/1, 44-121 Gliwice, electronic mail address (e-mail): [email protected], phone no. +33 7 66 35 60 60.
2. The www.goalpes.com website enables Recipients to book airport transfers to ski resorts and book their stay at the Properties and operates under the rules laid won in these Terms of Use.
3. These Terms of Use determine types and scope of services provided by electronic means by the Website www.goalpes.com to Recipients, the rules regarding the provision of these services, the terms and conditions for the conclusion and termination of contracts for the provision of services by electronic means, Contracts of Carriage and making Bookings, as well as the procedure for handling complaints.
4. Each Recipient, as soon as he/she takes steps to use the Electronic Services offered at the Website www.goalpes.com, shall comply with the provisions of these Terms of Use.
5. The Website makes every effort to ensure that the descriptive content of the Properties and services presented on the Website, their price and availability are up-to-date and correspond to the actual situation.
6. The Provider shall not be a party to any legal relations between Recipients arising from and directly related to the advertisements of the Properties posted on the Website.
7. Recipients shall be liable for the consequences of non-performance or improper performance of their mutual obligations arising from the Booking of accommodation at the Property presented on the Website.
8. Any matters not regulated by these Terms of Use shall be governed by the regulations of:
8.1. the Civil Code,
8.2. the Act 30 May 2014 on Consumer Rights,
8.3. the Act of 18 July 2002 on Providing Services by Electronic Means,
8.4. the Act of 15 November 1984 - the Law of Carriage,
8.5. and other relevant provisions of the Polish law.
§ 3
DEFINITIONS
1. TERMS OF USE - these Website terms of use.
2. WEBSITE - the Provider's website located at www.goalpes.com.
3. PROVIDER, CARRIER - GOALPES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the Register of Entrepreneurs maintained by the District Court Katowice - Wschód in Katowice, 8th Commercial Division of the National Court Register [KRS] under the KRS number: 0000505657, NIP [Taxpayer ID No.]: 6312653206, REGON [Business ID No.]: 243530801, place of business and correspondence address: ul. Kozielska 220/1, 44-121 Gliwice, electronic mail address (e-mail): [email protected], phone no. +33 7 66 35 60 60.
4. RECIPIENT - natural person, an organisational unit without legal personality, which is given legal capacity under the statutory regulations or a legal person, who uses the Electronic Services available on the Website.
5. CONSUMER - natural person who makes a legal transaction with an entrepreneur that is not directly related to its business or professional activity.
6. ENTREPRENEUR - natural person, legal person and the organisational unit, referred to in Article 331 § 1 of the Civil Code, conducting business or professional activity on its own behalf.
7. CUSTOMER - Recipient who intends to make a Booking or has made a Booking through the Website.
8. ELECTRONIC SERVICE - service provided by electronic means by the Provider to the Recipient through the Website.
9. CHAT - electronic service made available by the Provider to Recipients, which enables Recipient to chat with the Provider.
10. NEWSLETTER - Electronic Service that enables the Recipient to subscribe to and receive free of charge, at the e-mail address provided by the Recipient, information from the Provider concerning the Website and services provided through or by the Website.
11. SEARCH ENGINE - Electronic Service made available by the Provider to Customers, which enables them to search for specific information based on the content provided by the Customer.
12. BOOKING FORM - form available on the Website with which it is possible to book accommodation at the Property or transfer (transportation) from a specific airport to the place indicated by the Customer.
13. BOOKING - a declaration of intent made by the Recipient constituting an offer to conclude a contract for the rental with the landlord of a given Property presented on the Website or a Contract of Carriage with the Carrier.
14. PROPERTY - guest house, private accommodation, hotel, hostel, restaurant, apartment or other property intended for providing accommodation services or services related to leisure activities.
15. VEHICLE - road vehicle used by the Carrier to perform the service of carriage.
16. CONTRACT OF CARRIAGE - contract the subject matter of which is the service of carriage, in which the Carrier undertakes, within the scope of its business, to carry the Passenger or goods, in return for remuneration, on the route specified in the Booking, using the appropriate Vehicle.
17. PASSENGER - the Customer and/or other person(s) indicated in the Booking who use the service of carriage provided by the Carrier.
§ 4
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Provider provides Recipients, through the Website, with the following Electronic Services:
1.1. the option for making a Booking using the Booking Form,
1.2. Newsletter,
1.3. Search Engine,
1.4. Chat.
2. Services available on the Website shall be provided to Recipients in compliance with these Terms of Use.
3. The Provider has the right to post advertising content on the Website. Any such content shall constitute an integral part of the Website and the materials presented there.
§ 5
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS
FOR THE PROVISION OF ELECTRONIC SERVICES
1. The Provider shall provide the Electronic Services specified in § 4.1 of these Terms of Use free of charge.
2. The period for which the contract shall be concluded:
2.1. the contract for the provision of Electronic Service consisting in the option for making a Booking of a service by the Customer through the Website shall be concluded for a definite period of time and shall be terminated once the Booking is made or this Service is no longer used,
2.2. the contract for the provision of Electronic Service consisting in use of Newsletter shall be concluded for an indefinite period of time,
2.3. the contract for the provision of Electronic Service consisting in use of Search Engine shall be concluded for a definite period of time and shall be terminated once the Recipient no longer uses this Service,
2.4. the contract for the provision of Electronic Service consisting in use of Chat shall be concluded for a definite period of time and shall be terminated once the Recipient no longer uses this Service,
3. Technical requirements necessary for cooperation with the information and communication system used by the Provider:
3.1. a computer or mobile device with access to the Internet,
3.2. access to electronic mail,
3.3. web browser,
3.4. enabling Cookies in your web browser and JavaScript.
4. The Recipient shall use the Website in accordance with law and good practices with respect for personal interests and intellectual property rights of any third party.
5. The Recipient shall enter data in accordance with the actual state.
6. The Recipient is prohibited from providing unlawful content.
7. If the Provider is forced, prior to the commencement of the service for reasons beyond its control, to change the essential terms of the Contract with the Customer, it shall promptly notify the Customer of this fact.
8. In the situation, referred to in Paragraph 7 of this Section, the Customer shall immediately inform the Provider whether he/she:
8.1. accepts the proposed amendment to the Contract, or
8.2. withdraws from the Contract of Carriage with immediate return of all payments made by the Customer and without the obligation to pay any contractual penalty.
9. If the Customer withdraws from the Contract as per Paragraph 8 of this Section or if the Provider cancels the performance of the service for reasons beyond the Customer's control, the Customer shall have the right, at his/her option:
9.1. to receive a substitute service of the same or higher standard, unless he/she agrees to a service of a lower standard for a refund of the difference in price,
9.2. to demand the immediate return of all the payments made.
10. The Provider shall be liable for non-performance or improper performance of the service, unless the non-performance or improper performance results solely from the act or omission of the Customer.
§ 6
BOOKING OF PROPERTIES
1. The Customer, after finding suitable Property with the use of Search Engine, can book the Property through:
1.1. Booking Form,
1.2. electronic mail to the e-mail address: [email protected]
2. Bookings can be made only by:
2.1. natural persons having full capacity to act in law,
2.2. representatives of legal persons and entities without legal personality authorised sufficiently to make Bookings and enter into contracts.
3. When making a Booking, the Customer shall each time confirm the truthfulness and accuracy of the data entered,
4. The prices and other charges, if any, as indicated in the Booking summary, are expressed in Euro (EUR), represent the total remuneration and other amounts due for the provision of the services covered by the Booking and include taxes.
5. The amount indicated in the Booking summary does not include climate fees, if any, or other local fees which the owner of the Property may be required to collect. In most cases, it is necessary to pay tourist tax on the premises.
6. In the case of Bookings for apartments and chalets, a security deposit must also be paid on the premises.
7. When making a Booking, the Customer shall pay the price indicated in the summary, by the date specified in the Booking confirmation. If the amount in question is not paid, the Booking shall be cancelled.
8. Fees shall be paid through the STRIPE online payment system. In the case of payments via online payment platforms, the Recipient shall make the payment prior to the commencement of the service.
9. After making a Booking, the Provider shall send to the Customer's e-mail address indicated in the Booking Form the Booking confirmation containing the following data:
9.1. Booking confirmation number,
9.2. details of the room, apartment or chalet booked,
9.3. price,
9.4. terms and conditions of booking and cancellation of the order for a given Property.
10. Upon receipt of the confirmation, referred to in Section 9 hereof, the Booking shall be binding on the landlord of the Property and the Customer.
11. Customers are kindly requested to keep the Booking confirmation or print it out, and present it to the landlord of the Property when checking in.
12. Bookings can be cancelled by phone or via electronic mail at the address: [email protected]. All information about the cancellation rules is included in the Booking confirmation and on the website of the Property booked. Penalties for cancellation of the Booking vary depending on the Accommodation Facility and on the date of cancellation of the Booking by the Customer.
§ 7
CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Giving notice of termination of a contract for the provision of Electronic Services:
1.1. a notice of termination can be given in relation to a contract for the provision of Electronic Service of a continuous and unlimited nature (Newsletter),
1.2. The Recipient may terminate the contract with immediate effect and without indication of the reasons by sending a respective declaration via electronic mail to the email address: [email protected]
1.3. The Provider may terminate a contract for the provision of services by electronic means of a continuous and unlimited nature in the event that the Recipient breaches these Terms of Use, in particular, when he/she provides content of an unlawful nature or data inconsistent with the actual and legal situation, after being ineffectively requested to cease the breaches within the deadline reasonably set in the request. In this situation the contract shall expire after 7 days of the day on which the declaration of intent to terminate the contract was made (notice period),
1.4. Giving notice of termination shall result in cessation of the legal relationship with future effect.
2. The Provider and the Recipient may terminate the contract for the provision of Electronic Service at any time by way of mutual agreement of the parties.
§ 8
PROCEDURE FOR HANDLING COMPLAINTS AND CONSIDERATION OF CLAIMS
1. Complaints related to the provision of Electronic Services by the Provider:
1.1. Complaints related to the provision of Electronic Services through the Website may be submitted by the Recipient via electronic mail at the email address: [email protected]
1.2. The email message, referred to above, shall specify as many details and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will make it much easier and quicker for the Provider to handle the complaint,
1.3. the Provider shall handle the complaint forthwith, but no later than within 14 days,
1.4. The Provider's response to the complaint shall be sent to the Recipient's e-mail address provided in the notice of complaint or otherwise, as indicated by the Provider.
2. Complaints related to your stay at the Property:
2.1. Any complaints related to the stay at the Property the Recipient may submit to the landlord of the Property.
3. Claims under Contract of Carriage.
3.1. The basis and scope of the Provider's liability to a Passenger who is a Consumer or the entity, referred to in §10 of these Terms of Use, under warranty are determined in the Act of 23 April 1964 - the Civil Code.
3.2. notifications of defect and submissions of the respective request can be made via electronic mail to the address: [email protected]
3.3. The electronic message, referred to above, shall specify as many details and circumstances as possible regarding the subject of the claim, in particular the type and date of the irregularity and contact details. The information provided will make it much easier and quicker for the Provider to consider the claim,
3.4. The Provider shall respond to the Passenger's request forthwith, but no later than within 14 days of the notification of the claim,
3.5. In the case of a claim of a Passenger who is a Consumer or the entity, referred to in § 10 of these Terms of Use - failure to consider the claim within 14 days of its notification shall be tantamount to its acceptance,
3.6. The response to the claim shall be provided on paper or other durable medium, such as email or text message.
§ 9
RIGHT TO WITHDRAW FROM THE CONTRACT
1. The Customer who is a Consumer or the entity, referred to in § 10 of these Terms of Use, who concluded a distance contract, may withdraw from it without giving reasons for the withdrawal by making a relevant declaration in writing within 14 days.
2. In the event of withdrawal from the contract, the contract shall be deemed to have never been concluded, and the Consumer or the entity, referred to in § 10 of these Terms of Use, shall be released from all obligations. What the parties have provided shall be returned. The return shall be made forthwith, no later than within 14 days.
3. The Consumer or the entity, referred to in § 10 of these Terms of Use, shall not have the right to withdrawal from a distance contract in relation to contracts:
a) for the provision of services where the Provider has fully performed the service with the Consumer’s explicit consent, and the consumer was informed before the commencement of the service that they would lose the right to withdraw from the contract upon the completion of the service by the Provider,
b) for accommodation services, transport of goods, car rental services, catering or services related to leisure activities, entertainment, sport or cultural events, if the contract provides for a specific date or period of performance of the service.
4. If the Consumer or the entity, referred to in § 10 of these Terms of Use, exercise the right to withdraw from the contract after requesting the performance of the service, they shall make payment for the services provided until the withdrawal from the contract.
5. The amount to be paid shall be calculated in proportion to the scope of the service provided, subject to the price or remuneration agreed upon in the contract. The basis for calculating this amount shall be the market value of the service provided.
§ 10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
1. An entrepreneur running one-man business (this Section does not apply to commercial partnerships and companies) is covered by the protection provided for in the Act on Consumer Rights, if the contract it concluded with the Provider is not of a professional nature.
2. The entrepreneur, referred to in Paragraph 1 of this Section, shall be covered by protection only in relation to:
2.1. prohibited contractual provisions - the so-called abusive clauses,
2.2. liability under warranty,
2.3. the right to withdraw from a distance contract.
3. The entrepreneur, referred to in Paragraph 1 of this Section, shall lose its rights under consumer protection if the contract it concluded with the Provider is of a professional nature, which nature shall be verified on the basis of this entrepreneur’s entry in the Central Registration and Information on Business of the Republic of Poland, in particular the codes of the Polish Classification of Business Activities indicated there.
4. The entrepreneurs, referred to in Paragraph 1 of this Section, shall not be covered by the institutional protection provided for Consumers by district consumer ombudsmen as well as the President of the UOKiK [Office for Competition and Consumer Protection].
§ 11
INTELLECTUAL PROPERTY
1. All contents posted on the website at www.goalpes.com, including the name of the Website, its functionalities, graphic design, logos, graphic elements, the arrangement and composition of these elements (the so-called "layout"), trademarks, software and database enjoy copyright protection and (with the exception of elements used on the basis of a transfer of author’s economic rights, licences or permitted use) are the property of GOALPES SPÓŁKA Z O.O., KRS [No. in the National Court Register]: 0000505657, NIP [Taxpayer ID No]: 6312653206, REGON [Business ID No.]: 243530801, ul. Kozielska 220/1, 44-121 Gliwice. The Recipient shall be fully liable for any damage caused to the Provider in consequence of use of any content of the website at www.goalpes.com without the consent of the Provider.
2. Any use by anyone, without the Provider’s explicit written consent, of any element making up the body and contents of the website at www.goalpes.com shall be an infringement of the Provider's copyright and shall give rise to liability under civil law and criminal responsibility.
3. All trade names, service names, company names and their logos used on the Website located at the address www.goalpes.com belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Website located at the address www.goalpes.com are used for informational purposes.
§ 12
RESPONSIBILITY AND OBLIGATIONS OF THE PARTIES
1. In performing the Contract concluded between the parties, the Provider undertakes to perform Services with due diligence, bearing responsibility in case of failure to exercise the same.
2. The Provider shall make every effort to ensure that the information posted on the Website is complete and up-to-date and presented with due diligence, subject the existing factual and legal circumstances, within the limits permitted by law.
3. The Recipient shall refrain from any actions that could hinder or interfere with the operation of the Website, and shall not act to detriment of the Provider and other entities.
4. Recipients shall be fully liable for any violation of the law or damage caused by their actions in the Website, in particular by providing false data, disclosing classified information or other legally protected secrets, infringing personal rights or copyrights and related rights.
5. The Provider shall not liable to Recipients who are Entrepreneurs:
1.1. for any damage and loss directly or indirectly (including damage for loss of business profits, interruption in operation of business or loss of business information, and other property damage) caused as a result of use, impossibility to use or malfunction of the Website, damage caused as a result of shutdown or failure of the ICT system, power grid failure,
1.2. due to improper use of the Website by the Recipient who is not a Consumer and malfunction of the hardware, software or communications system through which the Recipient connects to the Website,
1.3. for any damage caused as a result of errors, failures and interruptions in the operation of the Website or caused by incorrect recording or reading of data downloaded by Recipients,
1.4. for disruptions in the proper operation of the Website, as well as the loss of data of Recipients who are not Consumers, which were occasioned by Force Majeure or third parties,
1.5. for actions taken by third parties involving the use of data and materials posted on the Website contrary to generally applicable law or these Terms of Use,
1.6. for lack of possibility to log on to the Website caused in particular by: poor quality of Internet connection, failure of ICT system or power grid, misconfiguration of the software of Recipients who are not Consumers,
1.7. for the consequences associated with the loss of the password.
§ 13
FINAL PROVISIONS
1. Contracts concluded through the Website shall be subject to the Polish law.
2. Any changes made to the Website Terms of Use by the Provider shall be binding on the Recipient, provided that the Recipient has been properly notified of the changes and has not terminated the contract for the provision of services by electronic means within 14 days of the day on which the Website notified the Recipient of the changes.
3. Any disputes which might arise between the Provider and Recipients shall be resolved first by negotiation, with the intention to settle the dispute amicably. However, if this turns out to be impossible, or would be unsatisfactory to either party, disputes shall be resolved by the competent court of general jurisdiction, in accordance with Paragraph 6 of this Section.
4. Out-of-court settlement of disputes:
4.1. any disputes which might arise between the Provider and the Recipient who is also a Consumer or the entity, referred to in § 10 of these Terms of Use shall be submitted to the competent courts in accordance with the provisions of the Act of 17 November 1964 - the Code of Civil Procedure,
4.2. any disputes which might arise between the Provider and the Recipient who is not a Consumer shall be submitted to the competent court having jurisdiction over the registered office of the Provider.
5. The Recipient who is a Consumer may also use out-of-court dispute settlement methods, in particular by filing, upon termination of the complaint handling procedure, an application for the initiation of mediation proceedings or an application for dispute settlement by the Court of Arbitration (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of the Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also use the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court assertion of claims upon termination of the complaint handling procedure is free of charge.
6. In order to resolve a dispute amicably, the consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) internet platform available at: http://ec.europa.eu/consumers/odr/.
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