TERMS & CONDITIONS
PROVIDING SERVICES BY ELECTRONIC MEANS
(within the meaning of the Act of 18 July 2002 on the provision of electronic services)
§1
Terms
Terms used in these Regulations have the following meanings:
Seller - Górny & Górny Holding ltd. with its registered office in Kraków, Rynek Główny 28, entered into the Register of Entrepreneurs of the District Court for Kraków - Śródmieście, XII Commercial Division of the National Court Register, under KRS number 0000770918, NIP 6762561450 providing the Service via the Website.
User-service buyer, entrepreneur or consumer, buyer, anyone who uses the Services made available through the Website by the Seller.
Website - a web application system that is a collection of static and dynamic documents, containing files, including graphics, scripts and other elements of the set connected with mutual relationships shared under the domain of yourcityguides.com
Services - performance of the service without the simultaneous presence of the Parties by transmitting data at the User's individual request, sent and received by electronic processing devices, and data storage, which are entirely sent and received or transmitted via the Internet, including communication in real time
Confirmation of Delivery - notification of the User to the email address indicated by the Seller about the acceptance of the offer and execution of the order containing confirmation of the content of the offer (contract), including price, data on the Service
Delivery of Products - provision of Services.
Mail - e-mail address
Sides - Seller and User.
§2
General provisions
The owner of the Website is the Seller.
The Regulations define the types and conditions for the provision of Services via the Website by the Seller and the rules of using the Website, as well as the terms and conditions for concluding and terminating contracts, as well as the procedure for complaint proceedings.
The Regulations are available on the Website in a form that allows downloading, saving and printing
If it is necessary to change the Regulations, the Seller made available on the Website its new version, about which he will notify the User by posting the content of the Regulations and provisions that have changed on the main page of the Website. The amended version of the Regulations shall enter into force not earlier than 14 days after the date of making the new version available and posting information on the Website about the change made to the Website. Users registered on the Website will be additionally informed by e-mail about the change of Regulations at least 14 days before the change comes into force. If the User who does not accept the amendment of the Regulations is obliged to inform the Seller about the lack of acceptance within 14 days from the date the information was entered into the means of electronic communication in such a way that the person could become familiar with its content. To provide Services, apply the Regulations in the wording in force at the date of the contract.
It is prohibited to provide the User with content other than specified in the Regulations, advertising or unlawful, and taking actions that may cause faulty functioning of the Website. If the Seller receives a notification or credible information about the unlawful nature of data provided by the User, the Seller may prevent access to such data.
§3
Type and scope of activity
The Seller conducts the activity consisting in providing Services via the Website in the form of content transmitted and received by means of devices and programs enabling communication at a distance of content transmitted and received using the Internet, consisting of booking and selling a guide service within the meaning of the Act on Conducting Touristic Activities.
§ 4
Conclusion of the Agreement
The information on the Website does not constitute an offer to conclude an agreement regarding the Services offered in it, only an invitation to submit offers.
Acceptance of an invitation to enter into a contract takes place by placing an order referred to in §5.
By correctly placing an order, the User submits to the Seller an offer to conclude a contract. The offer binds the User to the day the order is realized from the moment of reaching the confirmation of receipt of the offer to the e-mail address indicated by the User.
Confirmation referred to in paragraph 3 does not constitute acceptance of the offer, it is only the Confirmation of Implementation, which should be sent immediately. If the Seller does not send the Confirmation of Implementation to the e-mail address provided by the User within 3 days from the moment the User receives a confirmation of the offer, the offer expires.
The moment of concluding the Agreement is the moment when the User receives the Booking Confirmation.
The contract comes to fruition at prices and conditions that were in force at the time the offer was made by the User, which was then accepted by the Seller.
If the service consists in transmitting and receiving content by means of devices and programs enabling remote communication of content transmitted and received using the Internet, then the contract is concluded at the moment the User wishes to accept the payment, which is done by clicking the "Accept" box.
§5
Proceeding the Order
Placing an order takes place through:
b) selection of Services offered on the Website;
c) proper completion of the order form c) proper completion of the order form
d) in the case of joining the online service referred to in § 4 para. 7 placing the order takes place at the moment the User wishes to accept the payment, which is done by clicking the "Accept" box).
2. In the confirmation of receipt of the order will be sent a unique code allowing the identification of the order and the User.
§ 6
Implementation of the contract
The order will be processed on the date indicated by the Ordering Party in accordance with the statement.
If the order can not be fulfilled within the time specified in these Regulations due to the lack of availability of the Service, the Seller shall promptly notify the User by phone or via electronic mail. If the User does not accept the changed order completion date, everything that has been provided by the Parties to the contrary will be returned in the unaltered state and none of the Parties will raise any claims for non-performance of the order.
§ 7
Delivery of Services
The Services ordered will be delivered in the manner indicated in the order form referred to in § 5 para. 1, that the method of their delivery results from the specifics of the Service provided. In the latter case, the delivery takes place in a manner appropriate for the given Service.
The User gains access to the ordered Service by appearing at the meeting place described in the e-mail
§8
Renouncement
A user who is a consumer may without giving a reason make a statement in writing to the address of the Seller within fourteen days from the date of release of the Goods, and if the contract concerns the provision of the Service - from the date of its conclusion. To comply with this deadline, it is enough to send a statement before its expiry.
The Seller shall promptly, no later than within 7 days from the date of receipt of the User's statement of withdrawal from the contract referred to in paragraph 1 returns the money paid in the manner indicated by the User.
§ 9
Payments
The User is obliged to pay for the ordered Service.
The price and other relevant conditions related to the Service are each time given in the description published on the Website. The prices include all taxes and duties / additional fees.
The payment is possible in the form of:
Transactions concluded through the online payment gateway.
The amounts given on the Website are gross prices, which means that they include VAT tax on goods and services
The user agrees and authorizes the Seller to issue a VAT invoice without the recipient's signature and to issue an e-invoice.
§10
Procedure of complaint proceedings
The User may file complaints about matters regarding the Services in writing in one of the following ways:
declaration of intent in electronic form bearing a secure electronic signature verified by means of a valid qualified certificate
a scan or a photo of a signed declaration of intent sent by e-mail to the address support@yourcityguides.com
A properly submitted complaint should contain at least the following data:
User's identification (including his name and surname - if provided, postal address, e-mail address, telephone number, and in the case of legal persons, name, address of the registered office and contact details of the person authorized to deal with the complaint)
description of the problem being the basis for lodging a complaint.
The seller will consider the complaint within 14 days of receipt and notify the party of the result of the complaint.
If the complaint is accepted, the Seller's Service will refund the price equivalent within 7 days.
§11
Intellectual property
The Seller declares that in connection with or to perform the performance of the order for the User, the User provides the content protected by intellectual property rights, in particular works protected by copyright.
The user is obliged to comply with the provisions of the intellectual property law. In particular, all copying, making changes, as well as public playback of shared content without the User's written consent, is prohibited, unless it results from separate agreements or mandatory provisions of law.
§ 12
Final Provisions
The Seller has the right to block access to the Website or its part for important reasons, in particular in the event of irregularities in the use of the Website, or the occurrence of circumstances that could harm the User or the Seller.
The User does not give any guarantee that the use of the Website will be unfair.
With respect to the information presented on the Website, which has been posted or provided by third parties, the Seller is not responsible for the topicality, accuracy, or completeness of this information, as well as for their usefulness for any actions of the User.
The Seller shall not be liable for the User's use of the Website in a manner inconsistent with the provisions of the Regulations, applicable provisions of law, or provisions of agreements in force between the Seller and the User.
For any consequences resulting from improper completion by the User of the forms available on the Website, in particular consisting in providing by the User incorrect or untrue data, the User bears the responsibility.
The provisions of the Regulations do not violate the possibility of reference by Users who are consumers to mandatory legal provisions regulating the protection of consumer rights.
In matters not covered by the Regulations, the provisions of Polish law, including the Act of 23 April 1964 - the Civil Code and the Act of 18 July 2002 on the provision of electronic services, as well as other applicable provisions of law, are applicable.
Disputes arising from the interpretation or implementation of the Regulations will be settled by the court competent in accordance with the law.