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TERMS AND CONDITIONS
Terms and Conditions stipulated herein apply to ordering, creating and delivering personalized travel plans by Plan Poland team. For the purpose of the document we define the following terms as:
Client – a natural person, that not younger than 18 years old, who orders Service from the Service Provider and executes Contract;
Service Provider – a subject providing Services to Client, that is: Daniel Wykrętowicz, ul. Melsztyńska 2/50, 02-537 Warszawa, NIP: 1251359236;
Service – service of preparing a Plan by Service Provider;
Plan – personalized, tailor made plan of a trip and stay in Poland, based on Type of Plan chosen by Client and information provided by Client during work on Plan, especially in Questionnaire; Plan is prepared in the file formats indicated in Technical Conditions in § 2 below;
Contract – a contract executed between Service Provider and Client that stipulates the conditions for providing the Service. The conditions of Contract should be understood as the conditions of this Terms and Conditions and Plan of Type chosen by Client;
Map – an interactive map of Points of interests connected with the destination described in Plan, recommended by Service Provider such as: restaurants, viewpoints, hotels, touristic attractions, etc. Map is prepared as a personalized map in Google Maps app;
Type of Plan – an invitation to tender published in form of Bronze, Silver and Golden plan on Website at the moment of execution of Contract and chosen individually by Client;
Questionnaire – a questionnaire to be filled out by Client to determine his/her preferences and requirements toward Plan;
Technical Requirements – technical conditions that need to be met in order to access the website, use Plan and Map and that are indicated in § 2;
Website – www.planpoland.com
- This Terms and Conditions apply to providing Service by Service Provider.
- Service Provider guarantees that Information included in the Plan at the time of preparation are true and accurate. Service Provider is responsible for providing the service within the time limit stipulated in § 3 point 6.
- Service Provider provides consulting service that is preparing tailor made plans for travel by recommending places to stay at and visit, points of interests and other included in the specific Type of Plan on Website.
- Service is provided online, that means – the final Plan (and Map) is send to Client by e-mail on an address provided by Client.
- Service Provider is not providing touristic services in the meaning of Polish act: Tourist Service Law dated 29 August 1997. The purpose of Service is not to create an offer of a package travel.
- Service Provider has right to deny Service in case:
- it is impossible to prepare a Plan on time
- based on information provided by Client, Service Provider does not have knowledge and/or experience required to properly provide Service to Client
- The Plan is prepared in form of a digital file (pdf file) which can be open using for example: Adobe Reader program.
- In case Client chose the Type of Plan that includes providing Map, Client will be provided with the link to an interactive map – which is a Google Maps personalized map. To access Map Client needs Internet connection.
- The Service Provider does not take responsibility for display of Map or Plan in case Client does not meet the technical requirements stipulated herein.
- Filling in the contact form on Website or/and Questionnaire does not result in executing Contract. If you are paying via website with PayPal, first you need to contact Service Provider to discuss the details of your trip.
- Prior to execution of Contract, Service Provider sends Client summary of the order: deadline for preparation of the Plan, price, Type of Planm dates of the travel, number of travelers, a summary of the additional conditions of Client(optionally), name and surname of the Client and the address.
- Contract is executed at the moment of receiving of the payment for Service by Service Provider at its banking account, stipulated in the e-mail send to Client at the moment of finalizing the details of a planned trip. The Type of Plan (Bronze, Silver or Golden) and name of Client should be indicated in the title of the bank transfer. However, if the Client pays before contacting Serice Provider in the first place, Contract is executed at the time of recieving the e-mail with summary of the order.
- Cost of Service is indicated at Website and is directly connected with the Type of Plan chosen by Client. Types of Plan published on Website applies to Plans prepared in English language.
- Cost of Service indicated at the Website does not apply to Plans for a trip: a) bigger than 4 participants, or b) longer than 7 days.
- Service Provider discuss with Client deadline for preparation of the Plan.
- Each individual Plan as well as the Map is copyrighted material owned by Justyna Dzik-Wykrętowicz and/or Daniel Wykrętowicz (“Owners”), and in case of Maps also Google Inc and its affiliates indicated on each Map.
- At the moment of sending a particular Plan (and Map) to a particular Client, Owners grant Client right to use Plan (and Map) in the scope necessary to use it for execution of the Plan. It is not allowed to publish Plan in part or as a whole, on line or in any other form, including written. It is also not allowed to use in any commercial or marketing way, except upon prior written consent of Owners.
EXCLUSION OF LIABILITY
- Service Provider is not responsible for execution of the Plan by Client, in part or in whole. Client acknowledge that the Plan is just a proposition and suggestion how to spend time in chosen time in Poland. Client is fully responsible for taking actions such as booking accommodation, tickets, and others necessary to fully execute Plan.
- Service Provider does not guarantee that information provided in Plan will stay accurate and up to date during the travel.
- Service Provider does not guarantee and is not responsible for safety of Client during the travel to Poland. All activities are executed by Client on his own responsibility.
- Service Provider does not take any responsibility for any damages incurred by Client or any other person, including a person traveling with Client, including damages caused by third parties such as airlines, transport operators, hotels, service providers, guides and others.
- Service Provider is not responsible for situation in which Plan was not executed as a result of weather conditions.
TERMINATION AND COMPLAINTS
- Client have a right to file a complaint in case the Plan has been created with violation of the terms and conditions of Contract.
- The complaints should be send on e-mail: [email protected] The complaint should include information on how Contract was violate and what is a demand of Client.
- Service Provider shall respond to the complaint within 14 days from receiving the complaint.
- According to the Act of 30 May 2014r. Consumer Rights (Journal of Laws 2014, item 827) A Client who is a consumer has the right to write a written waiver of the contract without giving a reason within fourteen days of the issue of the item, i.e. from the moment the Client came in possession of the item or a third party other than the carrier designated by the Client has entered into possession of the goods. To comply with the fourteen-day deadline referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiry. The statement may be submitted on a form, the form of which is set out in the appendix to these Terms and Conditions. The use of this form is optional.
- According to Art. 38 of the Consumer Rights Act, the right to withdraw from the contract concluded at a distance, in accordance with the law, shall not be available to the consumer in the following cases:
a) the provision of services if the trader has performed the full service for the explicit consent of the consumer, who was informed prior to the commencement of the service that, upon fulfillment of the service, the trader loses the right to withdraw from the contract;
b) the price or remuneration depends on fluctuations in the financial market over which the trader does not exercise control and which may occur before the expiry of the withdrawal period;
c) the subject of contract is tailor made item, manufactured to the consumer’s specifications or catered to his individual needs;
d) the object of the service is an item subject to rapid deterioration or having a short shelf-life;
e) the subject of the supply is delivered in a sealed package which cannot be returned for health or hygiene reasons after opening the package, if the packaging has been opened after delivery;
f) the object of the service are items which after delivery, due to their nature, are inseparably connected with other things;
g) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those required by the consumer or supplies items other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is available to the consumer in respect of additional services or items;
i) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; for delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
j) entered into by public auction;
k) for the provision of accommodation services, other than for residential purposes, transport of goods, rental of cars, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
l) for delivery of digital content that is not stored on a tangible medium if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
6. Repayment for The Service shall be made by same method of payment as Client used for payment, unless the Client expressly agrees to a different return, which is not binding on him at no cost.
7. The Service Provider may withhold payment until the goods have been returned or until delivery of proof of return of the goods is made in relation to the withdrawal, whichever occurs earlier.
- By concluding the Agreement and marking the window with the relevant statement, Client agrees to the collection and processing of his personal data in accordance with the Personal Data Protection Act of August 29, 1997 (Journal of Laws of 2002 No. 101, item 926 with .) by the Personal Data Administrator in order to perform the provisions of these Regulations and services provided on the basis thereof.
- The Personal Data Administrator (Administrator) is Daniel Wykrętowicz, ul. Melsztyńska 2/50, 02-537 Warszawa, NIP: 1251359236. The Administrator is entitled to disclose personal data only to entities authorized under the applicable law, in accordance with the provisions of the Terms and Conditions and applicable law.
- Client has the right to inspect and modify his personal data at any time, as well as immediate removal after notification to the Personal Data Administrator who performs at the Client’s request modification or complete deletion of data.
- Only personal data provided by the Client is collected on a voluntary basis. Data is processed for the purpose of implementing the provisions of these Regulations, and in particular for:
a) conclusion of the contract for sale of the ordered goods,
b) delivery to Client of the goods for which Client placed the order,
c) issue a document confirming the sale of goods,
d) posting transactions in the IT accounting system for the period required by law and storing personal data in the IT accounting system to ensure the history of commercial transactions made by the Service Provider,
e) storing the Client’s personal data in the Clients’ database.
5. With the additional consent given by the Client, the collected personal data may also be used for promotional and marketing purposes, including in particular to provide Client with the Service Provider’s offer and other marketing information related to the Services.
6. If you subscribe to the newsletter and agree to receive it in the process of registering or placing an order (consent to receive commercial information by e-mail), you only need to provide an e-mail address to which commercial information will be sent from the Personal Data Administrator. Client may resign from sending such information at any time.
7. Client has the right at any time to access the content of his personal data and the right to correct them and to request removal.
8. Personal Data Administrator informs that Client is not obliged to provide his personal data, however, refusing to provide them will prevent Client from performing the services specified in Terms and Conditions and the benefits resulting from the contract concluded between the Service Provider and Client.
9. The collected data is subject to careful protection in accordance with applicable regulations. The administrator makes every effort to ensure that the stored data provide the right degree of security.
11. The Service Provider informs Client that services offered through the Website are provided through the public Internet. Accordingly, the Service Provider draws the Client’s attention to the fact that the use of the Services may involve the risk of third parties interfering in the transmission of data transmitted over the Internet between the Service Provider and the Client.
Information about the rules and methods of preserving, securing and providing the other party with the contents of the agreement:
a) The consolidation, security and access to the content of the concluded contract shall be effected by sending an appropriate e-mail after the conclusion of Contract.
b) Fixing, securing and making available the contents of the Contract is made by sending to Client the e-mail address of the concluded contract or by providing Client with the specifications of the Order and proof of purchase.
- Acceptance of Terms and Conditions is voluntary but necessary for execution of the Contract.
- Contract will be govern by Polish applicable law, in particular Polish Civil Code of dated 23 April 1964.
- Terms and Conditions come into force on December 1, 2017
- The Service Provider reserves the right to amend these Termsand Condition in case of at least one of the following conditions:
a) Amendment of laws regulating providing Services by Service Provider which affects the mutual rights and obligations set forth in Contract executed between Client and Service Provider
b) the need to adapt the Service Provider’s business to the orders, rulings, provisions or guidelines resulting from:
– a decision relevant to the business activity of the Service Provider issued by the public administration authority, affecting the mutual rights and obligations set forth in Contract executed between the Client and the Service Provider; or
– court judgment applicable in the scope of business of the Service Provider affecting mutual rights and obligations set forth in Contract concluded between the Client and the Service Provider;
c) change in the method of providing electronically supplied services by the Service Provider, caused only by technical or technological reasons (in particular updating of Technical Requirements)
d) changing the scope or rules of service provided by the Service Provider, to which the provisions of the Terms and Conditions apply, by introducing new, modifying or withdrawing by the Service Provider of the existing functionality or services covered by the Terms and Conditions;
e) the merger, division or transformation of the Service Provider or any change of other Service Provider data specified in § 1 of Terms and Conditions.
2. The amendment of the Terms and Conditions does not affect the content and terms of the Contracts concluded by the Client.
3. Client who is a consumer has the right to use the Internet Dispute Resolution (ODR) platform in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and Regulation (EC) No 2006/2004 and Directive 2009/22 / EC.
Below you will find a link to the ODR platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL and our e-mail address: [email protected].
4. The consumer is entitled to refer to the permanent consumer court of arbitration referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection, requesting the settlement of a dispute arising from the concluded Contract. The Regulation of the Organization and Operation of Solid Arbitrary Consumer Courts is governed by the Ordinance of the Minister of Justice of 25 September 2001 on the definition of the rules governing the organization and operation of standing consumer arbitration courts.
5. The consumer may apply to the Voivodship Inspector of the Trade Inspection in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection, requesting the initiation of mediation proceedings on the amicable settlement of disputes between the Consumer and the Seller.
6. The consumer can also benefit from the help of the county (municipal) consumer advocate. Providing free consumer advice and legal information on the protection of consumer interests and addressing entrepreneurs in protecting consumer rights and interests, or addressing the non-governmental organization whose statutory tasks include consumer protection.