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Terms and conditions of online bike rental ABC Bike Tours Krakow

 

Introduction

use of the aforementioned Website, the rights and obligations of the User and the Website under applicable law. The Terms and Conditions consist of four main parts: a) in § 1 to 3 - there are the general regulations of these Regulations; b) in § 4 - the registration process is described; c) Paragraphs 5 to 7 contain provisions relating to claims for defective services and the right of withdrawal from the provision and use of services; d) § 8 to 12 contain all other regulations, including final regulations.

§1 Basic definitions

1. Website/Service Provider - the website available, which is also the Service Provider.
  • Regulations -
  • Service - the website of "ABC BIKE TOURS" at https://www.abc-biketours.eu/.
2. owner - company "Sebastian Snopkowski Abc City Tours" with registered office address: 16 Nullo Street, 46, 31-543 Kraków Grzegórzki, NIP: 9451806000, REGON: 121459970, Proprietor's address - whenever these Terms and Conditions refer to the Proprietor's address, the following data shall be understood: ABC BIKE TOURS KRAKOW  Podzamcze 26 31-003 Krakow User/User - a natural person over 18 years of age with full legal capacity and in cases provided for by law. capacity to enter into legal transactions, and in the cases provided for by generally applicable generally applicable provisions of law, also a natural person with limited legal capacity legal actions, a legal person or an organisational unit without legal personality, to which the Act grants organisational unit without legal personality, to which legal capacity is granted by law, which has entered into or intends to enter into an agreement with the Website. conclude an agreement with the Website. 2. 2) Consumer - art. 221 of the Civil Code: a natural person making a legal transaction with the Website not directly connected with his/her business activity. legal action not directly connected with his/her economic or professional activity. 3. 3. agreement concluded at a distance - means an agreement concluded between the Website and the User within the organised procedure of the system of concluding agreements at a distance, without the necessity of participation of both parties to the agreement. distance, without the participation of both parties to the agreement in one place and time, concluded with the use of one or more means of distance communication distance communication up to and including the conclusion of the agreement. (4) Service - the service provided electronically by the Service Provider to the Customer (customer) via this website, i.e. organisation of website, i.e. the organisation within the scope of this website of bike tours, bike rental, service etc. 5. the Consumer Rights Act, Act of 30 May 2014 on the rights of the Consumer (Journal of Laws of 2014 item 827 as amended).

§2 General provisions

(1) The website hereby declares that it undertakes to provide services to the Service Recipient in a reliable manner and in compliance with the applicable laws, rules of social coexistence and in the manner regulated in these Terms and Conditions. (2) The Website declares that it complies with all the required principles of protection of the personal data of the Service Recipients as provided for, inter alia, by the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of Regulation Council of the EU 2016/679 (dated 27 April 2016, Official Journal of the EU.L. No. 119). The customer consents to the collection, storage and processing by the Website of personal data only for the purpose directly related to the performance of the tasks of the Website. The detailed conditions of collecting, processing and protecting personal data by the Website are set out in the Website's "Privacy Policy". 3. The User has the possibility to get acquainted with the Terms and Conditions by accepting its content by marking the appropriate field in the form. In order to use the Website It is necessary to accept the provisions of the Regulations. (4) The Administrator of the personal data is the Website, and the data are subject to protection in accordance with the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of the EU Council Regulation 2016/679 (dated 27 April 2016. Official Journal. EU.L. No. 119). (5) The controller shall apply appropriate technical and organisational measures to ensure protection of personal data authoritative to the risks and categories of data under protection. First of all, he/she shall protect the data against their disclosure, taking away, processing, loss, alteration, damage or destruction by unauthorised persons. unauthorised persons. 6th The administrator of your personal data is the company "Sebastian Snopkowski Abc City Tours" with registered office address: 16 Nullo Street, 46, 31-543 Kraków Grzegórzki, NIP: 9451806000, REGON: 121459970, (7) Any person whose data are processed has the right to: a) supervise and control the processing of personal data, for which the Website the Website maintains a data file of the Users of the aforementioned Website; b) to obtain comprehensive information whether such a file exists and is maintained by the Website; c) to determine who is the controller of the data, to determine its address, seat, name, in the c) find out who the controller is, his/her address, registered office, name, in the event that the controller is a natural person, to find out his/her name and surname, place of residence and place of residence; d) to obtain information as to the purpose, scope, manner, time of processing of the data contained in such a filing system; e) to obtain information as to the date of processing of the data in such filing system; e) to be informed in a commonly understood form of the content of such data; (f) to know the source from which the data concerned have been obtained, unless the controller to know the source from which the data concerned have been obtained, unless the controller is obliged to keep this information confidential or to observe professional secrecy classified information or to maintain professional secrecy; g) to request the completion, updating, rectification of personal data, temporary suspend or delete them if they are incomplete, outdated, untrue or were collected in breach of the Act or are no longer necessary for the purpose for which they were for which they were collected. (8) Pursuant to clause 7, the User has the right to inspect the contents of the personal data being processed, to correct them, and to have them corrected. the contents of the processed personal data, to correct them and to request the deletion of such data. The Administrator of The personal data controller is obliged to complete, update, correct the data, temporarily or permanently suspend the processing or to delete the data from the filing system on an ongoing basis and immediately after notification, unless the request concerns personal data in relation to which the modalities of their The data controller shall be obliged to complete, update or correct the data, temporarily or permanently suspend their processing or to erase them from the filing system on an ongoing basis and immediately after their notification, unless the request concerns personal data in relation to which the procedure for their completion, update or correction is determined by separate legal regulations, including laws. (9) The Customer consents to the collection and processing of personal data by the Site within the meaning of the personal data within the meaning of the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of EU Council Regulation 2016/679 (of 27 April 2016 r. Official Journal of the EU.L. No. 119). Data may be transferred to another entity only in the situations legally required or necessary for the assertion of claims. (10) The Customer undertakes to use the Website in accordance with the applicable laws and rules of social coexistence. 11. The Customer using the Website Services is obliged to comply with these Terms and Conditions to the extent necessary for the performance of the Website's tasks 11. The Client using the Website Services is obliged to comply with these Terms and Conditions to the extent necessary to perform the tasks of the Website and not contrary to applicable laws and principles of social coexistence. principles of social co-existence. 12. (12) The Service Provider shall be entitled to make the contents available to authorised state authorities, 12. The Service Provider is entitled to make the content, materials and data, including IP addresses of the Client who used the Site in a specific manner, available to authorised state authorities, in particular when it is necessary to particular if this is necessary for the prevention or prosecution of criminal offences. crimes. In such a situation, the Service Provider is also not responsible for possible blocking access to certain data and information. (13) A sole trader, if he makes a purchase, 13. If a sole trader makes a purchase that is not related to his business activity, he has the right to withdraw from the contract within 14 calendar days. from the contract within 14 calendar days from the moment the Goods come into the possession of the Customer or a third party by the Customer or a third party designated by the Customer other than the carrier. 14 As a reminder. In connection with the new provisions of the Civil Code, the legislator has also planned to add Article 38a to the Consumer Rights Act, which will allow one-person companies to exercise the 14-day right of return - with the following wording: , "Article 38a The provisions concerning the consumer contained in this chapter shall apply to a natural person who concludes a contract directly related to his/her business activity, where it appears from the content of that contract that it is not of a professional character, arising in particular from the subject matter of his/her his economic activity, made available on the basis of the provisions of the Centralna Registration and Information on Business Activity." (15) Art. 556(4) The provisions contained in this Section concerning the consumer, with the exception of Art. 558 § 1 second sentence, shall apply to a natural person who concludes a contract directly related to his business activity when it is apparent from the content of that contract that it does not have a professional character for that person, arising in particular from the subject matter of the of the business activity pursued by that person, made available pursuant to the provisions on the Central Register and Information on Business Activity. (16) Verification of whether an activity has a professional character will take place on the basis of CEiDG - Central Register and Information on Business Activity - and specifically on PK codes entered therein. Specifically, the PKD codes defining types of business activity entered there. 17. (17) Entrepreneurs running sole proprietorships will be authorised in respect of: - prohibited clauses used in contract templates; - warranty for defects of goods sold; - recourse to a previous seller in relation to the performance of a consumer complaints; - the right to withdraw from a distance or off-premises contract within a period of 14 days; 18. the consumer provisions contained in Articles 385(1)-385(3) of the Civil Code. [concerning prohibited contractual terms] shall apply to a natural person who concludes a contract contract directly related to his or her business activity, when the content of that contract it follows that it does not have a professional character for him, arising in particular from the subject matter of his economic activity made available pursuant to the provisions on the provisions on the Central Register and Information on Business Activity. 19. the new Article 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). abusive clauses). The provisions on abusive clauses will, after 1 January 2021, be applied to sole traders. A catalogue of examples of twenty-three clauses abusive clauses is contained in Article 385(3) of the Civil Code. In turn, in the current version of the register of abusive clauses abusive clauses kept by the President of UOKiK. 20 The new regulations will apply to agreements concluded Art. 62 In the Act of 31 July 2019 on amending certain laws to reduce the regulatory burden (Journal of Laws item 1495) shall be amended as follows: 21. the provisions of Article 385[5], Article 556[4], Article 556[5] and Article 576[5] of the Act amended by Article 1 shall not shall apply to contracts concluded before 1 January 2021. 22. the provision of Article 38a of the Act amended by Article 55 shall not apply to contracts concluded before 1 January 2021. 23. sole traders shall still not be able to benefit from the assistance of institutions supporting consumers in the protection of their rights, including the assistance of County/Municipal Consumer Ombudsmen or the OCCP.
 

§3 Terms and conditions of service

  • The use of the Site by each Service Recipient is free of charge and voluntary.
  • Service recipients are required to read the Terms and Conditions and the other documents forming an integral part of the Terms and Conditions and must accept their provisions in full in order to continue using the Site.
  • Service recipients may not use any personal data obtained on the Website for marketing purposes.
  • Technical requirements for using the Website:
    • a device with a display capable of displaying web pages,
    • Internet connection,
    • any web browser that displays web pages in accordance with the standards and provisions of the W3C Consortium and supports web pages made available in HTML5,
    • JavaScript enabled,
    • cookies enabled
  • In order to ensure the safety of the Service Provider, the Service Recipient and other Service Recipients using the Site, all Service Recipients using the Site should comply with generally accepted Internet safety rules,
  • Actions carried out personally by recipients or by means of oprorgamming are prohibited:
    • without written permission, decompilation and analysis of the source code,
    • without written permission, causing an excessive load on the Service's server,
    • without written consent, attempts to discover vulnerabilities in the Service's security and server configuration,
    • attempt to upload or inject code, scripts and software onto the server and into the database that may cause damage to the Site's software, other Service Recipients or the Service Provider,
    • attempt to upload or inject code, scripts and software on the server and in the database that may trace or steal data from the Clients or the Service Provider,
    • take any action to damage, block the operation of the Service or prevent the Service from fulfilling its purpose.
  • In the event of the discovery of the occurrence or potential occurrence of a Cyber Security incident or a breach of RODO, Service Recipients should in the first instance report this to the Service Provider in order to quickly rectify the problem/threat and safeguard the interests of all Service Recipients.

§4 Service agreement

1 The registration of a Customer Account on the Website is voluntary and free of charge. (2) Immediately upon receipt of the order, the Service sends a statement of acceptance of the order to the Customer's e-mail address provided during the order placement process, which is also a confirmation of the order. Upon receipt of the message by the Customer, a contract is concluded. The message summarising and confirming the order contains all previously agreed terms and conditions of the agreement, in particular the quantity and type of ordered Goods/Services, their specification in the case of ordering Goods/Services with individual characteristics specified by the Customer of the Website, the total price to be paid (specified in Polish zloty), together with the amount of granted discounts (if applicable). In case the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if expressly stated in the Terms and Conditions of the promotion. If there is no provision as to how different promotions/promotions can be combined, only one discount (one promotion) can be selected for a given purchase.

§5 Complaint procedure

The Customer has the right to lodge a complaint regarding the Services provided by the Service Provider as part of the Website.  (2) The Service Provider is the entity authorised to handle complaints.  Complaints should be sent to the address in paragraph 1 point 3 in writing or electronically (the subject of the e-mail should be the subject of the message). written or electronic form (an e-mail message in the subject field of the message should include the word: "complaint") and should include: - the subject of the complaint and the grounds for the complaint, indication and description of the necessary circumstances, - identification of the Customer (name, surname, address, e-mail address).  The aforementioned prerequisites are an obligatory condition for the Service Provider to consider a complaint. complaint.  (5) Complaints will be considered by the Service Provider within 14 days of receipt. The Service Provider's decision on the complaint will be communicated to the Client at the email address indicated in the complaint or the address indicated in the letter correspondence.

§6 Withdrawal mandatory

In accordance with the provisions of the law, the customer who is a Consumer pursuant to Article 27 of the Act of 30 May 2014. (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, shall have the right to withdraw from a contract concluded remotely without stating a reason reason. (2) In accordance with Article 38 para. 13 of the Consumer Rights Act - " for the supply of content digital content which is not recorded on a tangible medium, if the performance of the service started with the consumer's explicit consent before the expiry of the deadline for withdrawal from the agreement contract and after the trader has informed him of the loss of the right of withdrawal contract." - in such a situation, the right of withdrawal is not available. (3) The right of withdrawal shall apply within 14 calendar days from taking possession of the Goods/Services by the Customer who is also the The right of withdrawal shall apply within 14 calendar days from the moment the Goods/Services are taken possession of by the Customer who is the Consumer or a third party indicated by the Customer other than the carrier. (4) When the Customer who is the Consumer withdraws from the contract, the contract shall be deemed not to have been concluded and the Consumer is then relieved of all obligations. What the parties have provided to each other shall be returned unchanged, unless the change was necessary within the limits of ordinary management. 5. (5) A Customer who is a Consumer may withdraw from a contract by making a statement on the online form constituting Annex No. 1 to these Regulations, by sending it electronically or to the postal address of the Service at the Customer's choice. Attachment No. 1 is only an aid to withdraw from the contract, it is not a necessary template to exercise the right of withdrawal. The Customer may, but is not obliged to use it. For an effective withdrawal it is sufficient to send a written declaration to the Service's address. (6) In order to meet the deadline set out in para. 2, it is sufficient to send the Customer's declaration of withdrawal from the contract before its expiry. The Site shall promptly acknowledge receipt of the Customer's declaration of withdrawal and inform the Customer accordingly on further proceedings. 7. The Site shall promptly acknowledge receipt of the declaration of withdrawal and inform the Customer accordingly about further proceedings, including the manner of returning the Goods/Services and will provide answers to questions, if any. (8) The Service shall promptly, within a period not exceeding 14 calendar days from the date of receipt of the Customer's declaration of withdrawal from the contract, will return to the Customer all payments received from him/her, including the costs of delivering the item. The Service shall refund payments using the same method of payment used by the Customer, unless the Customer has expressly agreed to another method of payment refund that does not incur any any costs. (9) The Customer who is a Consumer shall only bear the direct costs of returning the Goods. (10) The Consumer, shall have the right to withdraw from a contract concluded at a distance, without cause and without incurring costs, except for the costs set out in Art. 33, Article 34 of the Consumer Law. (11) The Customer shall not be entitled to withdraw from the contract with respect to contracts specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, inter alia, in the following situations. situation:
  • (a) for the provision of services where the trader has supplied the service in full with the express consent of the consumer who has been informed before the performance begins that he will lose his right of withdrawal once the trader has provided the service;
  • (b) in which the price or remuneration is dependent on fluctuations in the financial market which are beyond the trader's control and may occur before the end of the withdrawal period;
  • c) where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs;
  • d) in which the object of the performance is an item that is perishable or has a short shelf life;
  • e) where the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
  • (f) in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery.
  • VII. Collection of data about Service Recipients

§7 Warranty

(6) The Service is liable under the warranty if the defect is discovered before the expiry of two years from the date of delivery of the Goods/Service to the Consumer. The Service is liable to the Consumer if the Consumer Goods/Service, at the time of delivery, were inconsistent with the contract, have physical, legal defects. The Service is liable for non-compliance of the Consumer Goods/Service with the contract in the event of its discovery before the lapse of two years from the release of such The Service is liable for non-compliance of the Consumer Goods/Services with the contract if it is found before the lapse of two years from the delivery of the Goods/Services to the Buyer, and in the event of replacing the Goods/Services, the time limit runs anew. A physical defect consists in the non-conformity of the sold thing with the contract. W In particular, the sold thing is inconsistent with the contract if: (a) it does not have the qualities which a thing of that kind should have in view of the purpose (a) does not have the qualities which the thing of that type should have by reason of the purpose specified in the contract or resulting from the circumstances or intended use; b) it does not have the qualities which the Seller assured the Purchaser of, including by by presenting a sample or specimen; c) is not fit for the purpose the Purchaser informed the Seller about when concluding the agreement and the Seller has not raised any objections as to such purpose. the contract and the Seller has not raised any reservations as to such purpose; d) it has been delivered to the Buyer in an incomplete condition. 7 Notification of defects of the Goods/Services should be sent by e-mail to the e-mail address of the Service or in writing to the postal address of the Service (see §1 item 3: "Address Service"). If the consumer has difficulties and does not know how to construct a notification of defects of the Goods/Service, he/she may send the notification, for example, on the form attached as Annex No. 2 to these Terms and Conditions, which only facilitates the the complaint process, it does not constitute any requirement to use the aforementioned form for the effectiveness of the complaint. (8) The Service responds immediately to the Consumer's application, but no later than within within 14 calendar days of receipt. Failure to consider the notification within the failure to consider a complaint within the specified time limit is tantamount to its acceptance by the Service and recognition as justified. it as justified. (9) The Service shall cover the costs of rectification of defects or faults and replacement of the Goods/Services with new ones.

§8 Liability

The website is not responsible for the content (both verbal and graphic) provided by by users. In the event of claims by third parties relating to the infringement of In the event of claims by third parties relating to infringement of copyright, related rights or other rights to which they are entitled, the Website shall refer them immediately to the Client as the entity responsible for the content, and the Client shall shall accept these claims and to this extent indemnify the Website. Pursuant to the provisions of the law, the Creator, whose personal copyrights have been infringed or endangered, he or she shall first of all be entitled to a claim for the cessation of this action, to restore the previous state of affairs. If the act which caused the infringement was culpable, the Author may demand that compensation be awarded for the harm suffered or that an appropriate sum of money be awarded. an award of an appropriate sum of money for the social purpose indicated. By posting possible content and making it available, the Service Recipient voluntarily disseminate them. The Website is not a content provider and does not in any way The Website is not a content provider and does not in any way identify with the content; it is only an entity that provides ICT resources. The Customer declares that: (a) he/she is entitled to use and make available the content posted by him/her his intellectual property rights, industrial property rights or related rights; b) the posting and making available within the services, personal data, image, b) the posting and making available within the scope of the services, personal data, image, information on persons other than the Customer took place in a lawful manner, voluntarily lawful, voluntary and with the consent of the owners of the content concerned; The Service Recipient is not entitled to: (a) post personal data of third parties, disseminate images without the the required authorisation or consent of the third party concerned; b) upload content of an advertising or promotional nature, incompatible with the purpose of the purpose of the Website. It is forbidden for the Client to post content which could, in particular: (a) with the intention of violating the personal rights of third parties; b) posted in bad faith or which could be considered as such; c) infringe the rights of third parties, copyright, neighbouring rights, industrial property rights, business secrets or other intellectual property rights of a third party. (c) infringe the rights of third parties, copyright, neighbouring rights, industrial property rights, business secrets or confidential information, particularly those (c) infringe the rights of third parties, copyright, neighbouring rights, industrial property rights, business secrets or those classified as secret or top secret; d) publish content that is offensive or threatening to others, expressions commonly regarded as offensive, e.g. vulgarisms; e) violate the legitimate interests of the Website; f) send or post unsolicited commercial information on the Website commercial information (spam); g) otherwise violate good morals - for example, eroticism, the provisions of applicable laws, social or moral standards. h) propagate Nazi, fascist or related views. In the event of a notification being received by a third party, an authorised person or an authority State authority, the Website reserves the right to modify or remove any content posted by the Customer in the event that it is found to be in breach of these Terms and Conditions or of applicable law. constitute an infringement of these Terms and Conditions or of applicable law. The website The website does not continuously control the posted content. The Service Provider shall make every effort to ensure the proper functioning of the Services and its availability 24 hours a day, but shall not be liable for any damage resulting from the malfunction of the Websites for technical reasons. technical reasons. The Website shall also not be liable for any damage to devices which use the using the Website, restarting the device or loss of data on the device. The service provider does not provide archiving services for files, data or information provided by the Client. In the case of violation of these Terms and Conditions by the Client, the Service Provider may suspend provision of services or terminate the agreement with the Client with immediate effect by disabling/deleting active services. In this situation, the Client is not entitled to the right to a refund of any fees paid to the Service Provider. The Service Provider does not give the Client any guarantee, neither express nor implicit, as to the effects and suitability for specific applications of the commercial offer and the quality and economic results of the offer. The service provider is also not liable for the acts or omissions of The Service Provider is also not liable for the actions or omissions of the Client or for improper performance or non-performance of contracts Service Provider shall not be liable for the quality, safety, legality, truthfulness and completeness of the offer, In particular, the Service Provider is not responsible for the quality, safety, legality, truthfulness and reliability of the information provided by the Clients. Clients. The Service Provider shall not be liable for the failure of Visitors to a contract with Service Recipients and, in particular, in relation to bookings made bookings, requests or contracts concluded. The Service Provider reserves the right to: - change the parameters and functionality of the Clients' Accounts; - the operating features and capabilities of the Site, in particular the scope and type of Services and its functionalities; - temporarily shut down the Site, in particular for its modification, maintenance and repair;, maintenance and repair; - remove, for important reasons, the entire content of the Services' servers or completely discontinuation of the provision of Services, after prior notification to Users on the Site; and the Website; - discontinuation of the provision of Services on the Site in relation to the Client, who violates the provisions of the Regulations. § 9 Out-of-court complaint and redress procedures Information on out-of-court complaint and redress procedures as well as the rules of access to these procedures shall be made available at the premises and on the procedures, as well as rules of access to those procedures are available at the offices and on the websites of the websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, voivodship social organisations whose statutory tasks include consumer protection, voivodship Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection Competition and Consumer Protection Office: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php (2) The Customer has, inter alia, the following possibilities of using out-of-court ways of handling complaints and enforcing his claims: 3. applying to the Provincial Inspector of Commercial Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute. 4. applying to the permanent amicable Consumer Court operating at the Province Inspector of Trade Inspection with a request to resolve a dispute resulting from the concluded agreement, address www.uokik.gov.pl/wazne_adresy.php. 5. seek free legal assistance from, inter alia, the Consumer Federation - website address website: www.federacjakonsumentow.org.pl. 6. the European Consumer Centres Network (ECC-Net) assists in the resolution of cross-border disputes. Consumer Centres Network. The addresses of these institutions are available on the website of the European Consumer Centre website: www.konsument.gov.pl. (7) The Customer may also use the online dispute resolution platform disputes (ODR platform), in accordance with Regulation of the European Parliament and of the Council (EU) No 524/2013 of 21 May 2013 on online dispute resolution Consumer Disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform provides a single common point of access point for consumers and traders to resolve out-of-court disputes concerning contractual obligations arising from an online contract of services: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL The use of out-of-court means of complaint handling and redress out-of-court means of dealing with complaints and pursuing claims is voluntary and may take place only if both parties to the dispute, i.e. the Website and the Customer agree to it. § 10 PROVISIONS CONCERNING ENTREPRENEURS The regulations and provisions in this section 13 apply only to Clients and Customers who are not consumers. Service Recipients who are not consumers. (2) In the case of customers who are service recipients and who are not consumers at the same time Service Provider may terminate the contract for the provision of Electronic Services with immediate effect, even even without stating the reasons, provided that it has sent the customer an an appropriate statement. (3) The Website informs that pursuant to Article 558 § 1 of the Civil Code liability under product/service warranty towards the customer who is not a consumer is consumer is excluded. (4) The liability of the Website is limited within the scope of a single claims, as well as for all claims in total, up to a net amount of PLN 100. The The online service shall only be liable for typical damages foreseeable at the time of the conclusion of the contract and shall not be liable for lost profits. (5) Any disputes between the Website and a Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Website.

§11 Payment methods

The online payment operator is Blue Media S.A. Types of payment cards supported: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic.Payments in the konkret.pro shop are also handled by the PayU gateway. It provides a range of secure payment methods such as:fast transfers via bank account,BLIK transactions,traditional blank transfer,payment by payment card,deferred payment,PayU instalments.Find out more about PayU's services and security: https://poland.payu.com/.

§12 Final provisions

1 The Website respects all the rights of the Users as stipulated by the provisions of the applicable law. (2) Insofar as applicable law grants customers who are consumers more favourable mandatory and legally required regulations than those contained in these Terms and Conditions. Terms and Conditions, the relevant provisions of the Terms and Conditions shall be directly replaced by the specific norms of the applicable law and are thus binding on the aforementioned owner. (3) All content on the Website (including graphics, text, page layout and logos) are protected by copyright and are the exclusive property of the Website. exclusive property of the Website. The use of such content without the written consent of the Website Use of such content without the Service's written consent shall result in civil and criminal liability. 4. The owner of the Website, as the administrator of your personal data, informs you that: - the provision of data is always voluntary but necessary for the execution of the order; - the person providing their personal data has an unrestricted right of access to all the contents of his/her data and to rectify, erase (the right to be forgotten), limitation of processing, the right to data portability, the right to withdraw consent at any time without affecting the lawfulness of the processing. processing, data may, however, be disclosed to the competent state authorities if when the relevant regulation requires it. - The basis for the processing of personal data will be Article 6(1)(a) and the content of the General Data Protection Regulation; - personal data will be stored and processed for the period necessary for the completion of the processing and the performance of the order, but for no longer than a period of 3 years (2 years is the period for complaints and 1 year for possibly other claims and exceptional situations). - the person providing his/her personal data has the right to lodge a complaint with UODO if he/she considers that the processing of personal data concerning the performance of the order violates provisions of the General Data Protection Regulation of 27 April 2016 r.;" 5. with regard to the processing of personal data of this service, there has not been established adequate level of protection by a decision of the European Commission but the data will be adequately protected by IT/legal solutions and measures. 6. your data will be processed by automated means, including in the form of profiling - if you have given your consent. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish relevant provisions of Polish law shall apply, in particular: (a) the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a hazardous product (Dz.U. 2000 No. 22 item 271 as amended). b) Act of 27 July 2002 on special conditions of consumer sales and on the amendment to the Civil Code (Journal of Laws 2002 No. 141, item 1176 as amended); c) Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93 as amended); (d) Act of 18 July 2002 on the provision of services by electronic means (Dz.U. 2013 item 1422); (e) Act of 30 June 2000 Industrial Property Law (Dz.U. 2001 No. 49 item 508 as amended); (f) Act of 4 February 1994 on Copyright and Related Rights (Dz.U. 2006 No. 90 item 631 as amended), (g) Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827). 8 The amended Regulations shall be binding on Users if the requirements specified in Article 384 of the Civil Code have been complied with (i.e. the User has been correctly notified of the changes). (9) The Website reserves the right to amend the Regulations for important reasons, i.e.: (a) change of legal regulations; b) change of the manner of providing electronic services covered by the Regulations, c) change of data of the Website, including e-mail address, telephone number. (10) Amendments to these Terms of Service shall not affect Services already performed or provided, to which the Terms of Service in force at the time of accession shall apply. regulations in force at the time of accession to the Website Services shall apply to them. Internet Service. The Website shall inform about the intended change at least 30 days in advance. In the case of non-acceptance of the amended regulations, Customers may, within 30 days of receipt of the message, terminate the contract with immediate effect immediate effect. (11) Disputes arising from the provision of services under these Terms and Conditions will be 11. Disputes arising from the provision of services under these Terms and Conditions will be referred to the Common Court at the choice of the Client being at the same time a consumer, in accordance with the relevant provisions of the Polish law. (12) Annexes to these Terms and Conditions constitute an integral part thereof. 13. For all matters relating to the operation of the Website, please contact the Service Provider using one of the following forms of contact: By using the contact form available on the Website By sending an email to: info@abc-citytours.eu By calling: +48 535 799 188 Contact using the indicated means of communication exclusively for matters relating to the operation of the Service

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