1. The internet service operating at www.goalpes.com is run by GOALPES LIMITED LIABILITY COMPANY, entered in the Register of Service Providers of the District Court in Katowice - East in Katowice, VIII Economic Division of the National Court Register, under no. KRS: 0000505657, NIP: 6312653206, REGON: 243530801, the value of the subsidiary’s initial capital: 5, 000 zloty, the address of place of business and address for service: 220/1 Kozielska Street, 44-121 Gliwice, e-mail address: [email protected], tel. +33 7 66 35 60 60.
The internet service www.goalpes.com operates according to the terms defined in this Agreement.
Regulations determine the form and range of services supplied electronically by the Internet service www.goalpes.com to the Recipients, terms for provision of these services, terms of concluding and terminating agreements for the provision of services supplied electronically and terms of provision of transport services, and also the complaint procedure.
Once the actions aiming at the usage of the Electronic Services of www.goalpes.com have been undertaken, every recipient is obliged to comply with the provisions of this Regulation.
The Service and the Service Provider do not deal with the sale of accommodation services and services related to leisure, which are presented in the Service.
The Service shall endeavour to make sure that the descriptive content of Facilities and services presented in the Service, their prices and availability are up to date and accurate.
The Service is not a party to the agreement or legal relationships between Recipients, resulting and directly related to the accommodation.
All trade names, names of services, company names and their logos used on the internet website of the Service at www.goalpes.com belong to their owners and are used exclusively for identification purposes. They may be registered trademark. All materials, descriptions and pictures presented on the internet website of the Service at www.goalpes.com are used for identification purposes.
For matters not covered by these Regulations are applicable the provisions of: Civil Code; Consumer Rights Directive of 30 May 2014 (Journal of Laws, Item. 827 as amended); the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws, No.144, Item 1204 as amended), Transport Act of 15 November 1984 (uniform text, Journal of Laws of 2000, No. 50, item 601 as amended) and other appropriate provisions of the Polish law.
REGISTRATION FORM - the form which is available on the internet website of the Service and which enables the creation of the account. The Registration Form enables the creation of the account which is appropriate for the specific User.
BOOKING FORM – the form which is available on the internet website of the Service and which enables the booking of accommodation in the Facility or transfer from the specified airport.
CLIENT – a Recipient, who intends to make a reservation or made a reservation through the Service.
CONSUMER – natural person who conducts with the Service Provider legal actions which are not directly connected with his/her commercial or professional activities
NEWSLETTER – Electronic Service which enables a Recipient to subscribe and receive free information from the provider send on the e-mail address, which concern the Service and services supplied through it.
FACILITY – pension, private accommodation, hotel, hostel, restaurant, apartment or other facility dedicated to accommodation service or for leisure purposes.
PASSENGER – a Recipient, who has made a reservation for Transport Service provided by a Carrier through the Service.
Service Provider – natural person, legal entity and organisational unit, referred to in Art. 331 § 1 of the Civil Code, caring out on its own behalf economic or professional activities
REGULATIONS- these regulations of the Service.
SERVICE – internet service of the Service Provider operating at www.goalpes.com
MEANS OF TRANSPORT – road vehicle used by the Carrier in order to carry out the Transport Service.
TRANSPORT AGREEMENT - an agreement, in which the Carrier commits within the scope of his/her business activity to carry a Passenger or object at a remuneration, on a specified in the reservation route, through the usage of appropriate means of transport.
RECIPIENT (USER) – natural person, organisational unit with no legal personality, to whom an act has granted a legal capacity or legal entity, who uses Electronic Services which are available in the Service.
ELECTRONIC SERVICE – service rendered electronically by the Service Provider on the behalf of a Recipient through the Service.
BROWSER – Electronic Service which is made available to Customers by the Service Provider, which enables to find specific information on the basis of information provided by the Customer.
III. FORM AND RANGE OF ELECTRONIC SERVICES
The Service Provider makes available to the Recipients through the Service Electronic Services such as: a) the possibility of making a reservation of accommodation or the service of transport presented in the Service, b) maintaining the account in the Services, c) ordering a Newsletter,, d) using a Browser.
Providing Services on the behalf of the Recipients in the Service shall follow the conditions laid down in Regulations.
The Service Provider has a right to insert advertising content on the Service’s website. These contents are an integral part of the Service and the materials, which are presented there.
IV. TERMS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
The provision of Electronic Services by the Service Provider referred to in point 1 of Chapter III of Regulations is free of charge.
The Agreement of providing Electronic Service consisting of the possibility of making a reservation of services by a Customer through the Service is concluded for a fixed period and terminates when the reservation is made or a customer stops using this Service.
Reservations can only by made by: a) natural persons who who have full capacity to enter into legal transactions, b) representatives of legal persons and entities having no legal personality, sufficiently authorised to make reservations and conclude agreements.
By making a reservation a Customer every time confirms the accuracy and reliability of data entry.
Making a reservation for a space for travel through Booking Form means to conclude a Transport Agreement.
Prices and other charges indicated in the summary of the reservation are expressed in the following currencies, depending on the choice made by a Recipient: DKK, EUR, USD, RUB, UAH, PLN, CHF, GBP, JPY, AUD, CAD, ILS, CNY, TRY, SGD, HKD, DKK, NOK, CZK. Prices and charges are converted in accordance with the current on the day of reservation sell exchange rate published by the National Bank of Poland (NBP), constitute the whole remuneration and other charges to provide services covered by the reservation and include taxes. The amount pointed out in the summary does not include a resort tax or other local taxes, which the Contractor may be obliged to collect. In most cases, tourist tax (tax de sejour) should be paid on site. In case of reserving apartments and lodges on site the margin pledge should also be deposited.
A customer by making a reservation is obliged to pay the purchase price pointed out in the summary on the date mentioned in the confirmation of the reservation. In case of failure to pay the purchase price, the reservation will be cancelled.
Settlement of credit cards and electronic transfers is carried out by Dotpay Settlement Centre. In case of making a payment through electronic payment services a Recipient must make a payment before provision of the service starts. Electronic payment services enable to make payments through fast transfer from selected Polish banks.
After making a reservation the Service Provider sends a message with a confirmation at a given e-mail address, which contains the following data: a) in case of reserving the accommodation: - confirmation number - data concerning the booked room, flat or lodge - price - conditions of reserving and cancelling the order for a given facility b) in case of reserving transport services: - confirmation number - data concerning the reserved transport (transfer) - price, - conditions of reserving and cancelling the order If you are a Customer, please keep or print out the confirmation and show it while checking-in or to the driver in case transport services.
Reservation may be cancelled by telephone, through the account by using undo option or through the electronic mail at the address [email protected] All the information concerning the cancellation policy are provided in the confirmation of the reservation and at the website of the reserved Facility.
The Agreement for providing Electronic Services consisting of leading the account is concluded for a non-fixed period.
The Agreement for providing Electronic Services consisting of using the Newsletter is concluded for a non-fixed period.
The Agreement for providing Electronic Services consisting of using the Browser is concluded for a fixed period and terminates when a User stops using this Service.
A recipient is obliged to use the Service in accordance with the law and principles of morality, ensuring respect for personal property and intellectual property rights of third parties.
The Service Provider is obliged to entry data which are in accordance with the facts.
The Service Provider is obliged not to deliver content that is unlawful.
V. TERMS OF PROVISION OF TRANSPORT SERVICES
Passenger is obliged to arrive at a place pointed out in the confirmation of the reservation at determined in the reservation time.
Passenger is obliged to take a seat pointed out by the service of the Means of transport.
Passsenger is obliged to follow the regulations of the transport and suggestions from the staff of the Means of transport
Passenger is responsible for damages done to the Carrier (especially for damages done to the Means of transport and its furnishings) and other Passengers in accordance with the rules of the Civil Code.
If the Means of Transport is fitted with seat belts, the passenger is obliged to use these seat belts during the travel.
Consumption of alcoholic beverages, drugs, smoking cigarettes or e-cigarettes inside the means of transport are forbidden.
Each passenger is permitted to carry one item of hand-luggage, suitcase (or bag) and one package with skis or snowboard. The service of transport is provided by the Carrier with the usage of own Means of transport or by carriers who are the Carrier’s subcontractors.
VI. TERMS OF TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Termination of agreement concerning the provision of Electronic Services: а) The agreement concerning the provision of Electronic Services as continuous and permanent agreement may be terminated (leading the Account, Newsletter). b) The Recipient who is a consumer may terminate the agreement with immediate effect and without notification of reasons by clicking the button “remove” in the administration panel of the Account or by sending an appropriate statement or via electronic mail at: [email protected] c) The Service Provider may terminate the agreement concerning the provision of Electronic Services as continuous and permanent agreement if the Recipient violates the Regulations, especially, if he/she delivers content that is unlawful or data inconsistent with the actual and legal status and if the notice to stop the violation with a given specific time period was ineffective. In such case, the Agreement shall expire 7 days from the day of making a declaration of its termination ( termination period). d) Termination leads to the break of legal relationship which could have future implications.
The Service Provider and the Recipient may terminate the agreement concerning the provision of Electronic Services at any time by agreement of the parties.
VII. THE COMPLAINT PROCEDURE
Complaints connected with the provision of Electronic Services by the Service Provider: а) complaints connected with the provision of Electronic Services through the Service the Recipient may submit via electronic mail at: [email protected] b) In the above e-mail message, it is recommended to provide as much information and circumstances related to the subject of the complaint, particularly related to the type of error and date it appeared on, as well as full contact details. The provided information will facilitate and speed up the Process of reviewing the complaint by the Service Provider. c) Handling a complaint by the Service Provider takes place immediately, not later than 14 days. d) The answer of the Service Provider concerning the complaint is sent to the e-mail address of the Recipient specified in the complaint form or in other way requested by the Recipient.
Complaints connected with the stay at the Facility: а) Complaints connected with the stay at the Facility the Recipient may report on place at a reception desk or to the owner of the Facility during stay. b) Complaints concerning the quality of provided by the Service Provider services, especially discrepancies between the purchased offer of stay and actual standard or the scope of services provided at a place of accommodation, in comparison to the one placed in the description on the Service’s website, may be reported via electronic mail at: [email protected] c) In the above e-mail message, it is recommended to provide as much information and circumstances related to the subject of the complaint, particularly related to the type of error and date it appeared on, as well as full contact details. The provided information will facilitate and speed up the Process of reviewing the complaint by the Service Provider. d) Handling a complaint by the Service Provider takes place immediately, not later than 14 days. e) The answer of the Service Provider concerning the complaint is sent to the e-mail address of the Recipient specified in the complaint form or in other way requested by the Recipient.
VIII. THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT
e Recipient who is at the same time a Consumer, who has signed a remote agreement may terminate it without notification of reasons by submitting an appropriate written statement within 14 days.
In case of withdrawal from the agreement, the agreement is considered non-concluded, and the Consumer shall be discharged from any obligations. What the parties rendered shall be returned. The return should be made immediately, not later than within 14 days.
The Consumer has no right of withdrawal from the remote agreement if: a) in the agreement the subject of provision is a service, if the Entrepreneur fully provided the service with the explicit consent of the Consumer, who was informed prior to the provision of service that after its accomplishment by the Entrepreneur, he/she looses the right of withdrawal from the agreement, b) in which the subject of service are hotel services, transport of objects, renting of cars, gastronomy, services connected with leisure, entertainment, sport or cultural events, if in the agreement the day or period of the provision of service has been fixed.
c) if the Consumer exercises the right of withdrawal after having made a request for providing a service, the Consumer is obliged to pay for the services provided until the termination of the agreement.
d) The amount to pay is calculated proportionally to the scope of provided service, taking into account the agreed in the agreement price or remuneration. The basis for the calculation of the amount is the market value of the provided service.
IX. INTELLECTUAL PROPERTY
All information put on the website at www.goalpes.com, including the name of the Service, its functionality, graphic design, logotypes, graphic elements, the arrangement and composition of these elements (so called “layout”), trade marks, software and database are covered by copyright protection (excluding the elements used on the basis of the transfer of author's economic rights, licences or fair use) are the property of GOALPES LIMITED LIABILITY COMPANY, no. KRS: 0000505657, NIP: 6312653206, REGON: 243530801,7/6 Władysława Gomułki Street, 44-121 Gliwice. The recipient takes on the full responsibility for damages done to the Service Provider, which result from using any content from the website www.goalpes.com without the Service Provider’s consent.
Anybody who uses, without the express written consent of the Service Provider, any element consisting of contents of the website www.goalpes.com infringes the copyright law of the Service Provider and will be held responsible under civil and penal law.
X. FINAL PROVISIONS
Recipients are held fully responsible for breaking the law or damages resulting from their actions in the Service, especially giving false data, compromising classified information or other secrets legally protected.
The Service Provider will take all appropriate measures in order to protect users’ data.
Agreements concluded through the Service are concluded in accordance with the Polish law.
Changes to the Regulations made by the Service Provider are binding for the Recipient if the Recipient has been correctly informed about the changes and has not terminated the agreement for the provision of electronic services within 14 days of receiving the notification about changes from the Service.
Any dispute arising between the Service Provider and Recipients should in the first place be resolved through negotiations, with the intention of reaching an amicable settlement. If it is not possible or the result is not satisfactory for any party, disputes shall be settled by a competent court of general jurisdiction, pursuant to point 6 of this chapter.
Judicial settlement of disputes: a) Any dispute arising between the Service Provider and the Recipient, who is at the same time a Consumer, shall be referred for determination to the competent court of law in accordance with the provisions of the Civil Code of 17 November 1964 (Journal of Laws, No. 43, item 296, as amended). b) Any dispute arising between the Service Provider and the Recipient, who is not a Consumer, shall be referred for determination to the competent court of law on the basis of Service Provider’s place of residence.
The Recipient, who is a Consumer, has also a right for turning to out-of-court procedures for the resolution of disputes, especially by submitting an application for initiation of mediation or application for reconsideration of the case by the arbitral tribunal after the end of complaint proceedings (you can access the form on the Internet at http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Voivodeship Inspectorates of the Trade Inspectorate is available on the website at http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also benefit from free of charge assistance from the Municipal/County Consumer Ombudsman or social organisation, whose statutory areas of responsibility include consumer protection. Out-of-court assertion of your claims after the end of complaint proceedings is free of charge.
The Consumer with a view to finding an amicable settlement to the dispute may submit a complaint via the ODR internet platform (Online Dispute Resolution),available at: http://ec.europa.eu/consumers/odr/.