Terms & Conditions for the Sale of Services

 

Preliminary provisions

1. These Terms & Conditions set out the rules for providing services by electronic means and the rules and procedure for concluding distance contracts with the Seller – for the sale of Tickets. The Terms & Conditions set out in particular the rights and obligations of the Parties as well as the complaint procedure.
2. These Terms & Conditions are the regulations referred to in Art. 8 sec. 1 point 1) of the Act of 18 July 2002 on Providing Services by Electronic Means (Dz. U. /Journal of Laws/ 2017.1219 of 24 June 2017 as amended).
3. The Terms & Conditions are made available free of charge via the website, which makes it possible to obtain, reproduce, record and print the contents of the Terms & Conditions.

 

§1.Definitions

1. Customer – a natural person (including the Consumer) who is at least 13 years of age, whereby if he/she is underage, the consent of his/her legal representative is required, as well as a legal person and an organisational unit that is not a legal person but to which the Act grants legal capacity, and which uses the service provided by electronic means by the Seller.
2. Consumer – a natural person making a legal transaction with the trader (Seller) which is not directly connected with his/her economic or professional activity.
3. Seller – Entity selling the possibility to use the service in the service facility. Registration and contact details of the Seller are visible in the Sales Panel, just below the button for finalising the order. The Administrator and Seller of the website is Rabkoland Wanda Wiecha Firma Usługowo-Handlowo-Produkcyjna, ul. Juliusza Słowackiego 16 , 40-094 Katowice, NIP (Tax Identification Number): 9540011408, REGON (Business Registry Number): 270656777.
4. Ticket – confirmation of the conclusion of a contract concluded with the Seller for the use of the Rabkoland Amusement Park entrance service, on the date or by the date specified on the Ticket, during the opening hours and days of the service facility and, if clearly indicated at the time of purchase and on the Ticket, after prior booking of the date. In the absence of any information on the Ticket regarding the number of persons who may use the services at one time, the Ticket entitles one person to use the services.
5. Order – the Customer's declaration of will, aimed directly at concluding a distance contract via the Sales Panel, specifying the type and number of Tickets.
6. 6. PayPro Spółka Akcyjna, with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court Poznań for Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP: 7792369887, REGON: 301345068, with a share capital of PLN 5,476,300.00, fully paid up, entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority under entity number in UKNF IP24/2014 as a domestic payment institution, represented by
   – Jacek Kinecki – President of the Management Board
   – Michał Hull – Member of the Management Board – Financial Director,
   hereinafter referred to as "PayPro
7. Sales Panel – a set of cooperating IT devices and software, enabling the provision of services by electronic means and the conclusion of a distance contract with the Seller, located on the Seller's website.

 

§2. Types, scope and conditions of provision of services by electronic means

1. Seller provides the following services through the Sales Panel:
   
   • the service enabling the Customer to get acquainted with the Seller's offer;
   • the service enabling the conclusion of an on-line (distance) contract by the Customer ordering Tickets,
   • the service of sending a Ticket to the e-mail address provided by the Customer.
2. The technical requirements for the use of the services available through the Sales Panel are as follows: connection to the Internet; a web browser capable of displaying on the screen of the Customer's device the hypertext documents made available on the Internet in browsers; having a current, active and properly configured e-mail account.

 

§3. Rules for the provision of services by electronic means and conditions for concluding and terminating contracts for the provision of services by electronic means

1. The commencement of the use of the services covered by these Terms & Conditions by the Customer is tantamount to concluding a contract for the provision of services by electronic means available through the Sales Panel without the need to draw up a separate contract. In the event that the Customer ceases to use the services made available through the Sales Panel, the contract for the provision of services by electronic means terminates automatically without the need to make any additional declarations as soon as the Customer leaves the Sales Panel, with the exception of the service of sending the Ticket to the e-mail address, which is terminated after the Ticket is sent to the e-mail address provided by the Customer.
2. The possibility of using the following services: the service enabling the conclusion of an on-line (distance) contract by the Customer ordering a Ticket, the service of sending a Ticket to the e-mail address provided by the Customer, depends on placing an order for Tickets, in accordance with the rules described in Chapter 4.
3. The service of sending a Ticket to the e-mail address provided by the Customer takes place after the conclusion of the contract for the sale of Tickets. The service enabling the conclusion of an on-line (distance) contract by ordering Tickets, can be started and ended by the Customer at any time.
4. The possibility of using a free service: the service enabling the Customer to get acquainted with the Seller's offer is provided each time at the individual request of the Customer. The Customer can start and stop using the service at any time. Leaving the website where the Sales Panel is located means resignation from the provision of the said service by the Seller to the Customer.

 

§4. Conclusion of purchase contracts and payment method

1. In order to place an order, it is necessary to select a Ticket or Tickets available in the Sales Panel, specify their quantity, select any additional parameters required in the form, accept these Terms & Conditions, the Privacy Policy and the Regulations of Rabkoland, taking subsequent technical steps based on messages or information appearing on the website. For the order to be completed, the Customer is obliged to provide all necessary data enabling its completion, which are indicated as required fields in the Sales Panel.
2. The total order value and the final order price can be found in the payment summary and is visible before the final confirmation of the order by the Customer.
3. When the Customer clicks on the "Proceed to Payment" button, he/she will be redirected to the Online Payment System to pay for the order. The Customer makes the payment via the Online Payment System and must accept the provisions of the Terms & Conditions of the Online Payment System in order to make the payment.
4. 4. The online payment service provider is the Online Payment System.
   Quick online transfers and payment forms of the following cards are available:
   • Visa
   • Visa Electron
   • MasterCard
   • Polcard
   • Maestro
5. When the Customer is redirected to the Online Payment System, the Customer should immediately initiate payment for the Order. If the Online Payment System does not record payment for the Order within the specified time, the ordered services will return to the pool of available services,and if the money is received after this time, it will automatically be returned to the Customer. In order to re-order a Ticket, the Customer must fill out the order form anew and make payment.

6. The Customer who makes a successful payment enters into a sales contract. Confirmation of the conclusion of the contract is the receipt of the Tickets at the e-mail address provided in the Sales Panel form.

7. The Ticket constitutes proof of purchase.

8. The Customer is obliged to pay the price for the purchased Tickets; in case of ordering several tickets, the prices of individual Tickets are added together. The total price is given in the order form filled out by the Customer. Once the customer has selected the payment and delivery method, if any, he/she will be informed of the total price of the order including any delivery costs (summary), before the order is confirmed by the Customer.

9. Ticket prices aregiven in Polish złoty (PLN). The Seller provides the Customer with the gross price. The gross price includes all components, including VAT.

10. The Seller fulfils its obligation towards the Customer by enabling the Customer to fulfil his/her rights – to use the service, at the time and under the terms indicated at the time of purchase and on the Ticket, as well as under the terms of the Facility Regulations, if these Facility Regulations were specified at the time of purchase.

11. The Customer may report to the Seller any incorrect data given in the form in order to correct it by sending an e-mail to the Seller's address indicated in the footer of the Sales Panel.

12. The Customer can communicate with the Seller via the Seller's e-mail address indicated in the footer of the Sales Panel.

13. The seller is not liable in any way for any incorrect or false data provided by the Customer.

 

§5. Withdrawal from the Contract

1. For Tickets for which a specific day or period of service is indicated and which relate to contracts for the provision of services related to leisure, entertainment, sporting or cultural events, if the day or period of service is indicated in the contract, the Buyer is not entitled to withdraw from the distance contract and to receive a refund. This follows from Art. 38(12) of the Act of 30 May 2014 on Consumer Rights, (Dz. U. /Journal of Laws/ of 2014, item 827).
2. If point 1 does not apply and if:
   
   1. The Ticket has not been used by the Customer,
   2. The date of utilising the Ticket has not yet passed, the Customer may withdraw from the contract within 14 days from the purchase of the Ticket without stating reasons by notifying the Seller in writing by sending an e-mail to the Seller's address indicated in the footer of the Sales Panel. The notification should include the Ticket that is being returned.
3. Insofar as a return is possible, the refund of the payment to the Customer shall be made immediately, no later than 14 days from the date of receipt of the declaration of withdrawal from the contract, by electronic means using the same payment method that the Customer used to purchase the Ticket.
4. The Seller has the right to terminate the contract, indicating a valid reason. To this end, it will immediately inform the Customer in writing at the e-mail address that was used to purchase the Ticket and offer an exchange for an equivalent service or a refund. Unless the Customer agrees to the exchange, the Seller will refund all payments made by the Customer in relation to the Ticket that is the subject of the contract within 7 days of informing the Customer of the termination of the contract.

 

§6. Complaints

1. The Customer has the right to lodge a complaint regarding failure to fulfil the terms of the contract with the Seller. The Customer shall immediately notify the Seller thereof in writing by sending an e-mail to the Seller's address indicated in the footer of the Sales Panel. The notification should include the Ticket that is the subject of the complaint. The complaint should be accompanied by a description of the situation.
2. All complaints should be reported as soon as the grounds for complaint arise.
3. Any written complaint shall be considered within 14 days from the date of its receipt.
4. The above provision shall apply mutatis mutandis in the case of a complaint about a service provided by electronic means.

 

§7. Disputes

1. Any disputes arising from or related to: the provision of electronic services by the Seller on the basis of these Terms & Conditions arising between the Seller and the Customer who is not a Consumer; or a distance contract between the above-mentioned Parties shall be referred to the court having jurisdiction over the Seller.
2. In the case of disputes involving the Consumer, it is possible to use out-of-court procedures for handling complaints and pursuing claims. The Consumer may request the intervention of an ombudsman or use mediation (provided that it – mediation – is agreed to by the Seller). Access to the above-mentioned procedures is described in the Polish Code of Civil Procedure and the Act on Competition and Consumer Protection. The Seller informs that on the basis of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 a platform for online resolution of disputes between consumers and traders at the EU level (ODR platform) is available at https://ec.europa.eu/consumers/odr/.

 

§8. Final provisions

1. If individual provisions of these Terms & Conditions are declared invalid or ineffective according to the applicable law, this shall not affect the validity or effectiveness of the remaining provisions of the Terms & Conditions. The invalid provision shall be replaced by a rule that is closest to the objectives of the invalid provision in these Terms & Conditions as a whole.
2. Any matters not provided for in these Terms & Conditions shall be governed by the provisions in force in the Republic of Poland, in particular the Civil Code, the Act on Providing Services by Electronic Means and the Act on Consumer Rights.
3. The Seller reserves the right to amend these Terms & Conditions. Amendments to the Terms & Conditions shall be effective from the moment they are indicated and posted in the Sales Panel. Contracts concluded prior to the amendment of the Terms & Conditions shall be governed by the previous Terms & Conditions (in force at the time of conclusion of the contract, so the amendment of the Terms & Conditions will not apply to contracts that were concluded before the amendment).
4. The Seller indicates that it has not introduced a Code of Good Practice within the meaning of Art. 2 point 5 of the Act of 23 August 2007 on Combating Unfair Commercial Practices (Dz.U. /Journal of Laws/ 2017.2070 consolidated text).

 

 

Privacy policy in compliance with the GDPR

 

GENERAL INFORMATION

This document sets out the Privacy Policy of the Website (hereinafter the "Website"). The Administrator of the Website is Rabkoland Wanda Wiecha Firma Usługowo-Handlowo-Produkcyjna, ul. Juliusza Słowackiego 16, 40-094 Katowice, NIP: 9540011408, REGON: 270656777. Words written with a capital letter have the meaning given to them in the Terms & Conditions of this Website. Personal data collected by the Website Administrator are processed in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU L 119, p. 1), hereinafter referred to as the GDPR. The Administrator of the Website makes special efforts to protect privacy and information provided to it and concerning the users of the Website. The Administrator shall exercise due care in selecting and applying appropriate technical measures, including those of a programming and organisational nature, to ensure the protection of the processed data, in particular to protect them against unauthorised access, disclosure, loss and destruction, unauthorised modification, as well as against their processing in violation of the applicable law. The possibility to use the Services available on the Website is not targeted at children under the age of 16. The Personal Data Controller does not envisage the deliberate collection of data concerning children under the age of 16.

 

PERSONAL DATA

Personal Data Controller The Controller of your personal data is: Rabkoland Wanda Wiecha Firma Usługowo-Handlowo-Produkcyjna, ul. Juliusza Słowackiego 16 , 40-094 Katowice, NIP: 9540011408, REGON: 270656777. Regarding your personal data you can contact the Personal Data Controller by: e-mail: [email protected] traditional mail: Podhalańska 2A , 34-700 Rabka Zdrój a contact form, which you can find at: https://www.rabkoland.pl/kontakt/
phone: 570 390 988.

 

PERSONAL DATA, PURPOSES OF PROCESSING, BASIS FOR PROCESSING, PERIOD OF PROCESSING

Personal data, in particular first and last name, e-mail address and, if provided, telephone number, will be processed by the Seller and duly authorised processors solely for the purpose of providing services and fulfilling obligations towards the Customer, enabling the Customer to exercise his/her rights resulting from utilising the Ticket, clarifying the circumstances of possible use of services in violation of the Terms & Conditions or applicable laws, and handling possible complaints. If the Customer gives his/her consent by ticking the appropriate box at the time of purchase, the Seller may process the Customer's personal data for marketing purposes and send commercial information to the e-mail address. The consent for processing data for marketing purposes and sending commercial information may be withdrawn by sending an appropriate message to the e-mail address of the Seller.  

 

DATA PROCESSING

When processing your personal data, we apply organisational and technical measures in accordance with the relevant legislation (in particular the GDPR), including the use of connection encryption with an SSL certificate.

 

DATA PROVISION

Providing data is voluntary, but necessary for the provision of services. The Customer who is the data subject has the right to control the processing of his/her data by obtaining information regarding the processing of the personal data, the ability to request the supplementation, update or rectification of the personal data, the right to request in writing that the processing of the data be discontinued and forgotten. To this end, the Customer should contact the Seller in writing by sending an e-mail to the Seller's address indicated in the footer of the Sales Panel.
If you believe that your data is being processed unlawfully, you can lodge a complaint with the supervisory authority. The Seller shall not be liable for the consequences of false or incorrect data provided by the Customer if, despite the Seller's due diligence, it is not possible to contact the Customer.

 

DATA RECIPIENTS (SERVICE PROVIDERS WE USE)

In connection with the handling of the sale of tickets, vouchers, passes, we use the services of other entities that provide us with services to support our business. Thus, your data may be transferred, exclusively for the purposes indicated in this policy:

• to companies that provide us with sales software,
• to the provider of the payment platform through which you can pay for our services,
• to the invoicing software provider,
• to providers of accounting and bookkeeping services,
• If we send a parcel to you by traditional means also: a courier/postal service provider.
• If we send system and educational messages and marketing content to you by electronic means:
• to providers of software for sending marketing messages, especially as part of a newsletter service.

Your data may also be processed by entities outside the European Union. An adequate level of protection of your data, including through the application of appropriate safeguards, is ensured by the conclusion of Standard Contractual Clauses with these entities.

 

PROFILING

We do not carry out profiling on the Website, based on which decisions will be made that produce legal effects for you or affect you in a similar material way.

 

COOKIES

The Website does not automatically collect any information except for the information contained in cookies. Cookie files (commonly known as are IT data, in particular text files that are stored on the end device of the Website User and allow for the use of the Website pages. Cookies usually contain the name of the website they come from, the period of their storing on the end device and a unique reference number.

The cookies are used for:

• adjusting the content of the Website pages to the User's preferences and optimising the use of the web pages; in particular, these files enable recognition of the User's device and displaying the web page, adjusted to his or her individual needs;
• producing statistics which help to understand how the Website Users use the websites, which in turn allows to improve their content and structure;

The Website uses two basic types of cookies: „session” cookies and „persistent” cookies. Session cookies are temporary files that are stored on the User's end device until logging out, leaving the website or turning off the software (web browser). Persistent cookies are stored on the User's end device for the time specified in the cookie parameters or until they are deleted by the User.

The following types of cookies are used within the Website:

• „essential” cookies, enabling the use of services available on the Website, e.g. authentication cookies used for services which require authentication within the Website;
• cookies used for security purposes, e.g. to detect fraudulent authentication within the Website;
• „performance” cookies used to collect information on how the pages of the Website are used;
  
  

In most cases, the software for browsing websites (web browser) usually allows storing cookies on the User's end device by default. Website Users can change their cookie settings at any time. These settings may be changed in such a way as to block the automatic handling of cookies via the web browser settings or inform about each installation of cookies on the Website User's device. Detailed information on the options and ways of handling cookies is available in the software (browser) settings.

The Website Operator would like to inform Users that restrictions on the use of cookies may affect some of the functionalities available on the Website.

More information on cookies is available at
http://pl.wikipedia.org/wiki/Ciasteczko. 

 

GOOGLE ANALYTICS

The Website uses cookies to monitor website traffic, i.e. for data analytics, including Google Analytics cookies belonging to Google Inc. (1600 Amphitheatre Parkway, MountainView, CA 94043, USA), abbreviated as Google. The cookies are saved on the Website User's computer and then transferred to a Google server in the US and stored there. They are used to distinguish users for the purpose of collecting information about visits to the site and monitoring the query rate in relation to their own servers. The cookies installed by Google Analytics do not allow personal identification of the User, as no personal information or data is tracked. In addition, Google Analytics uses cookies to display personalised advertising on other sites, to run marketing campaigns that are more interesting to users. Google does not use the data collected to identify the User of the Website, nor does it combine this information to enable identification. The website uses IP address anonymisation, which means that within the EU Member States or other countries which are parties to the European Economic Area Agreement, the IP address of the User of the Website will be truncated in advance by Google. The full IP address is transferred to a Google server in the US and truncated there only in exceptional cases. With regard to the exceptional cases in which personal data is transferred to the US, Google is certified by EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. This means that it has committed itself to applying the personal data protection principles applicable in the European Union. Detailed information on the scope and rules of data collection related to this service can be found at: https://www.google.com/intl/pl/policies/privacy/partners.

The legal basis for the use of Google Analytics is Article 6(1)(f) of the GDPR, i.e. the Administrator's legitimate interest in conducting analyses and keeping statistics. By selecting the appropriate settings in your browser, you can prevent the use and storage of cookies on the devices you use to browse the Website. Please be advised, however, that this may result in an inability to use all the features of the Website. You can also prevent Google from storing and processing the data generated by the cookies relating to your use of the site (including your IP address). To do this, download and install the browser add-ons available at the following link: Google Analytics Opt-out Add-on. Changing your cookie settings. As a general rule, web browsers – as well as other software installed on a computer or other device that has been connected to the network – allow cookies to be placed on such a device by default. Consequently, they enable the collection of information about visitors to the Website. However, by changing the settings of the Internet browser, the User of the Website may at any time modify or revoke his/her consent to the use of cookie technology. This means that the User of the Website may, for example, partially restrict the storage of cookies on his/her device or completely disable such a possibility. However, the Administrator informs that restricting or disabling the use of cookies may affect some of the functionalities available on the Store's Website.

Detailed information on how to change your cookie settings and how to delete them yourself in the most popular web browsers is available in the help section of each web browser and on the following pages (simply click the link):

• in the Chrome browser
• in the Firefox browser
• in the Internet Explorer browser
• in the Opera browser
• in the Safari browser

If you do not disable the use of cookies in your browser settings, this means that you consent to their use.

We use two types of cookies on our Website, i.e:

• session cookies – which remain on your device only when you use the Website,
• permanent – which remain on your device for as long as the cookie's lifespan is set or until they are deleted by you.