This translation is for informational purposes only and is not legally binding. The original Polish version shall prevail.
TERMS AND CONDITIONS OF THE WEBSITE domki-bialezagle.pl
I. GENERAL PROVISIONS
- These Regulations specify the conditions for providing services via the Website and the rules for using the Website.
- The Website is made available by the Administrator.
- Before using the Website, the User is obliged to read the content of the Regulations.
- Using the Website is equivalent to the User making a declaration that they:
- have read the Regulations, accept all its provisions, and undertake to comply with them;
- have voluntarily started using the Website and the services provided through it;
- consent to the processing of their personal data by the Administrator for the purposes of proper performance of the agreement for the provision of electronic services and other services specified in the Regulations;
- consent to receiving system information, messages from the Administrator, and information about difficulties, changes, or technical breaks in the operation of the Website;
- In case of non-acceptance of the Regulations, the User should refrain from using the Website.
II. DEFINITIONS
For the purposes of the Regulations, the terms used herein shall mean:
- Administrator – ATMA Ewa Lewandowicz, Kopań, No. 76b, Darłowo, postal code 76-150, NIP (Tax ID) 9541302378, REGON (Business Registry No.) 272355784.
- Consumer – a natural person who is a party to the Agreement or requesting its conclusion for purposes not directly related to their business or professional activity;
- Account – a place in the Website assigned to the User, accessible after registering and logging in by providing a login and password, through which the User uses certain services of the Website;
- Regulations – these Terms and Conditions of the domki-bialezagle.pl website;
- Website – the internet platform domki-bialezagle.pl or www.domkidarlowo.pl, consisting of pages, tabs, and other internet tools made available via the Internet, enabling the use of the services referred to in the Regulations;
- User – a natural person (Consumer), legal person, or organizational unit without legal personality, created in accordance with separate regulations, using the Website in any way.
III. INTELLECTUAL PROPERTY
- The Website, together with the works, trademarks, and databases contained therein, is subject to the protection provided for in applicable legal provisions, in particular the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2016, item 666 as amended), the Act of 30 June 2000 Industrial Property Law (consolidated text: Journal of Laws of 2013, item 1410 as amended), the Act of 27 July 2001 on the Protection of Databases (Journal of Laws No. 128, item 1402 as amended), and the Act of 16 April 1993 on Combating Unfair Competition (consolidated text: Journal of Laws of 2003, No. 153, item 1503 as amended).
- Copyrights to the Website and the works contained therein within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, rights to trademarks, and databases belong to the Administrator.
- By using the works, trademarks, or databases made available on the Website, the User does not acquire any rights to them, nor is any license granted to them.
- Without the prior consent of the Administrator, the User may use the Website and the works and databases contained therein only within the scope of permitted use provided for in the Act on Copyright and Related Rights and the Act on the Protection of Databases. In particular, it is unacceptable to:
- reproduce, modify, block, publicly perform, and make the Website or its parts, or works posted on the Website or their parts, available to the public on the Internet, except for cases specified in the applicable separate regulations;
- download the content of databases and reuse them in their entirety or in a significant part in terms of quality or quantity.
IV. SCOPE OF SERVICES PROVIDED VIA THE WEBSITE
- Within the Website, the User may use the following services:
- information about services provided by the Administrator, including current price lists and promotions;
- setting up an Account;
- logging into the User Account;
- booking tourist services provided by the Administrator.
- The provision of services to the User via the Website takes place based on the Regulations.
- The agreement for the provision of services via the Website between the Administrator and the User is concluded at the moment the Website’s URL address, entered into the browser by the User, is loaded by the browser used by the User.
- The agreement for the provision of services via the Website between the Administrator and the User is terminated when the User closes the browser window (tab) in which the Website’s page was displayed.
- The Administrator has the right to place advertising and promotional content on the Website regarding services and/or goods offered by the Administrator. The advertising and promotional content referred to in the first sentence constitutes an integral part of the Website.
V. USER REGISTRATION
- In order to gain access to all services offered to the User via the Website, the User may set up an Account on the Website. For this purpose, they should register by following the instructions contained in the registration panel of the Website.
- In order to set up an Account, it is necessary to provide the following data:
- first and last name;
- account password;
- e-mail address;
- telephone number.
- At the stage of filling in the registration form, the User has the opportunity to read the terms of the Regulations, which may be saved by the User on a durable medium or printed.
- After setting up the Account, the Administrator will send an activation link to the Account to the e-mail address provided by the User.
- After activating the Account, the User can log in to the Account using the login and password provided during the registration process.
- The Account provides the following functionalities:
Preview of made bookings;
Changing personal data and password.
- The User is solely responsible for protecting the login and password used to access the Account on the Website. The User undertakes not to disclose the password to third parties. The Administrator is not liable for any losses or damages resulting from failure to comply with the above requirements. The User shall inform the Administrator, without undue delay, of any breach of security or unauthorized use of the User’s account.
- By registering, the User consents to the processing of their personal data by the Administrator, within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2016, item 922 as amended), for the purpose of performing the tasks of the Website, i.e., among others, enabling the creation of an Account on the Website, making bookings for tourist services provided by the Administrator, and the performance and handling of these services.
VI. RIGHTS AND OBLIGATIONS OF THE USER
- The User may have only one Account and may not share the Account with third parties or use Accounts belonging to third parties.
- The User undertakes to refrain from activities that could hinder or disrupt the operation of the Website, in particular activities involving the destruction, modification, deletion, or hindering access to the Accounts of other Users.
- If the Administrator finds a violation of the provisions referred to in paragraphs 1-2, the Administrator has the right to block the Account or terminate the agreement for the provision of electronic services.
- The User undertakes to use the Website in accordance with applicable law, generally accepted moral, social, customary, and cultural norms, the provisions of the Regulations, and the principles of social coexistence, including netiquette.
- The User has the right to demand that the Administrator delete the Account; for this purpose, they should send an appropriate statement to the Administrator electronically to the address: biuro@impea.pl. Deleting the Account involves removing the User’s data from the Website’s database.
- The User may contact the Administrator via:
- traditional mail: ATMA Ewa Lewandowicz, Kopań, No. 76b, Darłowo, postal code 76-150
- e-mail: ewabernady@gmail.com;
- telephone: 530 633 970 – call cost according to the rates of the operator providing the connection;
- The method and date of performance of the service ordered by the User by the Administrator are provided each time during the procedure of placing an order (booking) by the User.
VII. RESTRICTIONS ON THE USE OF THE WEBSITE
- It is forbidden to use the Website in a manner contrary to or inappropriate for its purpose. It is forbidden to send and publish through the Website content prohibited by generally applicable law, including international agreements, EU law, and the law of the Republic of Poland. It is prohibited in particular:
- using the Website for any illegal purposes or to promote illegal activities;
- posting on the Website or with its help content in violation of generally applicable legal provisions, including intellectual property rights and the right to privacy, personal rights of third parties, etc., and in particular content that:
a) violates the personal and/or property rights or personal interests of third parties,
b) is generally considered vulgar or offensive,
c) depicts or promotes violence, fascism, racism, hatred, or any discrimination (e.g., racial, cultural, ethnic, religious, philosophical, physiological, material),
d) is erotic, pornographic, or obscene,
e) disseminates data security breaching techniques (mechanical and/or electronic), regarding the creation and distribution of viruses and software of a similar nature, and content describing, promoting, or providing instructions for illegal activities or activities that are even potentially dangerous; - impersonating other Users;
- sending unsolicited messages, advertisements, or spam through the Website.
- The User is prohibited from activities (behavior) consisting in:
- breaking the generally accepted principles of netiquette;
- using programs that generate automatic queries to the Administrator’s servers;
- copying parts or the whole of the Website, including the source code, or using it for commercial purposes;
- sending spam or unsolicited commercial information, advertisements for goods and services, and conducting commercial, advertising, or promotional activities on the Website;
- promoting other websites/services/portals.
- The User undertakes to refrain from violating the copyrights to the Website belonging to the Administrator, as well as the copyrights of third parties. The User bears full responsibility for violating the Regulations, or the rights or personal interests of third parties.
- The User bears full responsibility for violating the Regulations, or the rights or personal interests of third parties.
VIII. LIABILITY OF THE ADMINISTRATOR
- The Administrator makes every effort to ensure the proper technical functioning of the Website.
- The Administrator is not liable:
- For the inability of the User to use the services provided as a result of the User’s failure to meet technical requirements;
- For any damages and losses of the User occurring directly or indirectly (including damages for loss of business profits, business interruptions, or loss of business information and other damages of a property nature) in connection with the User’s use or inability to use the Website or the malfunctioning of the Website;
- in connection with improper use of the Website by the User, in particular in a manner contrary to generally applicable law and the Regulations, and the incorrect functioning of computer equipment, computer software, or the communication system through which the User connects to the Website;
- for the way the User uses the Website;
- for information downloaded from the Internet, in particular from the Website, nor for the consequences of its use by the User and for its usefulness for the User;
- for damages suffered by the User caused by threats occurring in the public Internet, in particular break-ins into the User’s system, acquisition of passwords by third parties, infection of the User’s system with viruses.
- The Administrator does not guarantee the User continuous (uninterrupted, failure-free) operation of the Website if the interruption in operation resulted from:
- reasons not attributable to the Administrator, in particular on the part of the User, third parties, service provider, operator responsible for data transmission;
- the need for the Administrator to carry out necessary maintenance or service work;
- force majeure.
- The Website may contain links to third-party websites (e.g., advertisers) that are not owned or controlled by the Administrator. The Administrator does not bear any responsibility for any of these websites and the information, materials, products, or services contained therein.
- The Administrator reserves the right to cease providing services by blocking the Account of a User whose actions they deem harmful to the Website or who breaks any of the provisions of the Regulations. Resuming the provision of services by unblocking the account is left to the free decision of the Administrator.
- Failure to unblock the User’s Account for a period of three months from the date of blocking the Account results in the deletion of the User’s Account and the removal of personal data concerning the User.
IX. FEES FOR USING THE WEBSITE
- The use of the Website by the User, including the creation and use of an Account, is free of charge, with the proviso that access to the Website requires an Internet connection, for which the User may be charged by their internet operator for costs resulting from their agreement.
- The method and date of payment for services provided via the Website are provided each time during the procedure of placing an order (booking) by the User.
X. USER DATA AND THEIR PROTECTION. PRIVACY POLICY
- The Administrator attaches particular importance to respecting the privacy of the User using the Website.
- In the case of using certain services provided via the Website, the User who is a natural person may provide their personal data. Providing personal data is voluntary; however, it may be necessary for the proper provision of certain services via the Website.
- Personal data may be verified by the Administrator. For this purpose, the Administrator may require the User to make statements other than those provided for in the Regulations.
- The Administrator provides services via the Website in accordance with the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2016, item 922 as amended) and implementing acts issued on its basis.
- The personal data controller is the Administrator.
- The Administrator processes personal data based on Art. 23(1)(1) of the Act on the Protection of Personal Data.
- The Administrator will process personal data only for the purpose of performing a given service provided via the Website and to the extent necessary for its performance.
- When processing personal data, the Administrator exercises special care to protect the interests of the data subjects and, in particular, ensures that the data are:
- processed in accordance with generally applicable law;
- collected for the purposes specified in the Regulations and not subjected to further processing incompatible with these purposes;
- substantively correct and adequate in relation to the purposes for which they are processed;
- stored in a form that allows identification of the data subjects for no longer than is necessary to achieve the purpose of processing.
- Only persons authorized by the Administrator are allowed to process personal data.
- The Administrator protects personal data against being made available to unauthorized persons, removal by an unauthorized person, processing in violation of the Act on the Protection of Personal Data, and change, loss, damage, or destruction, in the manner specified by the provisions of Art. 36-39a of the Act on the Protection of Personal Data, and exercises due diligence in processing personal data by applying technical and organizational measures referred to in the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024).
- The IT system used by the Administrator in the personal data processing fulfills the requirements set out in the regulation referred to in paragraph 10.
- Personal data are processed at the company’s headquarters located in Katowice at ul. Zimorodków 17/1.
- The scope of personal data processed by the Administrator in connection with the provision of services covered by the Regulations includes:
- first and last name;
- phone number;
- e-mail address.
- The Administrator may entrust the processing of personal data to a third party.
- The Administrator will not share the collected personal data with third parties unless it occurs as a result of express consent.
- The Administrator ensures the implementation of rights resulting from the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2016, item 922 as amended), and in particular enables:
- inspection of own personal data and their correction;
- submission, in cases specified in the Act, of a written justified request to cease processing of own personal data.
- In order to exercise the rights referred to in paragraph 16, one should apply in writing to the Administrator at the address ATMA Ewa Lewandowicz, Kopań, No. 76b, Darłowo, postal code 76-150, with the note “Personal Data” or send an electronic message to the address: ewabernady@gmail.com.
- Detailed information on the privacy protection policy applied by the Administrator is contained in the Privacy Policy document, made available by the Administrator at www.bursztynowa-przystan.pl.
XI. COMPLAINTS
- The Website User has the right to file a complaint in matters related to the technical functioning of the Website.
- Complaints can be submitted in writing to the address: ATMA Ewa Lewandowicz, Kopań, No. 76b, Darłowo, postal code 76-150 or electronically to the address: ewabernady@gmail.com.
- The Administrator will consider the complaint within 14 days from the date of its receipt, subject to paragraph 4.
- The Administrator reserves the right to extend the period specified in paragraph 3 by no more than 10 days if identifying the complaint requires unusual, special actions and findings or encounters independent and non-culpable obstacles for the Administrator (additional explanations, equipment failure, force majeure, etc.). The Administrator further stipulates that a reliable consideration of the complaint may require obtaining additional explanations from the User.
XII. WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER
Due to the type of services provided by the Administrator (accommodation services, other than for residential purposes, services related to leisure) within the Website, based on Art. 38 point 12 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws, item 827 as amended), the Consumer is not entitled to withdraw from the Agreement concluded off-premises or at a distance.
XIII. ACCESS TO THE WEBSITE AND TECHNICAL REQUIREMENTS
- The Administrator provides services through the Website via the Internet. The User may use individual functionalities of the Website using any computer or mobile device (tablet, smartphone, etc.) connected to the Internet in any way.
- For the proper operation of the Website, it is required to have computer equipment with up-to-date software that provides access to the Internet and an updated web browser ensuring the correct display of websites.
- In a situation where the User encounters technical problems with access to the Website or its individual functionalities, they may send a report to the Administrator to the address: biuro@impea.pl.
XIV. FINAL PROVISIONS
- The basic threat to every Internet user, including people using electronic services, is the possibility of infecting the electronic device (IT system) by various types of software created mainly to cause damage (viruses, worms, or Trojan horses). To avoid threats related to this, it is important for the User to equip their computer (device), which they use when connecting to the Internet, with an antivirus program and constantly update it, installing its latest versions immediately after they appear on the market. The Administrator also informs that specific threats related to using an electronic service, including the one described in the Regulations, are associated with the activity of hackers aiming to break into both the Administrator’s system (e.g., attacks on its websites) and the User’s system. The User therefore acknowledges that despite the use of various modern technologies by the Administrator, there is no perfect security protecting against the undesirable activities described above.
- The current content of the Regulations is available on the Website and at the Administrator’s headquarters.
- The Administrator reserves the right to change the Regulations. Changes to the Regulations may occur in particular in the event of technological or organizational changes in the operation of the Website.
- The Administrator notifies the User about changes to the Regulations by providing the content of the new, unified Regulations on the Website.
- The change to the Regulations enters into force on the day of publishing the content of the new Regulations on the Website.
- The User’s use of the Website after introducing changes to the Regulations means their acceptance. In case of non-acceptance of changes in the Regulations, the User should refrain from using the Website.
- The Administrator has the right to stop providing services via the Website.
- In matters not regulated by the provisions of the Regulations, the applicable provisions of Polish law shall apply, and any disputes shall be resolved by the competent Polish common courts.
This translation is for informational purposes only and is not legally binding. The original Polish version shall prevail.
