Terms and conditions of use

 

 

 

Terms and Conditions of PolandbyLocals.com

 

The offer of PolandbyLocals is addressed to anyone willing to get to know Poland from the perspective if its dwellers.

We are a group of local guides, enthusiasts of various areas of life who, tired of mass and commercial tourism, decided to create a company enabling tourists from our country as well as foreigners, who visit Poland more and more often, to experience attractions outside of the so-called beaten track. These can include, apart from touristic trails, culinary experiences, physical activity, promotion of new tourism and culinary trends, trainings and participation in thematic workshops.

PolandbyLocals is a guide company. We do not operate in the sphere of tourist events, travel agencies and tourism management. Booking a trip on our Website means that one of our local guides will take you for a paid Trip of your choice. At present, the company operates exclusively on the Tri-City market and plans to expand its services throughout Poland.

 

Article 1

Definitions

The notions used in these Terms and Conditions shall mean the following:

  1. Website – the Internet portal where commercial information regarding the services provided by PolandbyLocals is published, available at polandbylocals.com and via email: contact@polandbylocals.com, run by PolandbyLocals.
  2. PolandbyLocals spółka z ograniczoną odpowiedzialnością, NIP tax number: 5862325079, ul. Powstania Wielkopolskiego 17, 81-461 Gdynia, or its successor in law. PolandbyLocals provides guide services to Participants.
  3. User – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, as well as an underage person and/or deprived of full legal ability, as long as (s)he obtains the consent of his/her legal guardian, having access to commercial information regarding the services provided by PolandbyLocals published on the Website. By submitting an Offer, a User may enter into an Agreement, whether acting on his/her own behalf or on behalf of and for the benefit of others.
  4. Participant – a natural person with full legal capacity, as well as an underage person and/or deprived of full legal ability, as long as (s)he obtains the consent of his/her legal guardian, using the services provided by PolandbyLocals.
  5. Offer – a statement of will submitted by the User through the Website, as described in these Terms and Conditions. An Acceptance of the Offer by PolandbyLocals within 24 hours of its submission is equivalent to conclusion of an Agreement.
  6. Agreement – service sale agreement concluded between PolandbyLocals and the User. The transaction is carried out through the Internet in the form of a distance contract.
  7. Trip – a service provided by PolandbyLocals, varying with respect to the itinerary specified in the commercial information published on the Website.
  8. Lokals – an employee or another person authorized by PolandbyLocals who conducts a guide service on behalf of PolandbyLocals.

 

Article 2

General provisions

  1. These Terms and Conditions define the principles for using the Website by the Users as well as and the principles of carrying out the Agreement concluded between the User and PolandbyLocals.
  2. On the Website PolandbyLocals posts commercial information concerning the services it performs. The pictures and descriptions of the services provided by PolandbyLocal posted on the Website do not constitute an offer within the meaning of art. 66 Civil Code, and are only an invitation to bid for the conclusion of a contract for the provision of these services within the meaning of Art. 71 Civil Code.
  3. On the Website the User may submit the Offer for the booking of the services provided by PolandbyLocals, and consequently, upon the acceptance by PolandbyLocals of the User’s Offer, conclude an Agreement between PolandbyLocals and the User.

 

Article 3

Technical requirements for using the Website

  1. In order to use the Website the User must be equipped with a device with Internet access, software for viewing and using web pages, as well as an access to a properly configured e-mail address specified during the submission process.
  2. Proper operation of the Website requires periodic technical interruptions allowing for maintenance work and introducing changes and improvements to the IT system.
  3. The Website uses cookies, which are computer data, especially text files, which are stored in the User’s terminal device. Cookies typically include the domain name of the website from which they originate, the time they are stored on the terminal device, and a unique number to store the information concerning the users.
  4. Cookies are used for the purposes of:

– Authentication, including User identification,

– Verifying and developing the range of services offered,

– Providing personalized benefits to the Users, in particular to avoid repeatedly displaying the same content to the same User,

– Creating statistics for PolandbyLocals’s purposes, also within the scope of cooperation with external entities,

– the social networking site, Facebook. By using the “I like” button, the User logs on to Facebook, which is governed Facebook’s privacy policy. The said rules can be found at http://en-facebook.com/help/cookies,

– Using display advertising based on Google Analytics for remarketing. The User can block the Analytics service for display advertising and customize the advertisements on the Google Display Network through the Ads Preferences Manager on Google.

  1. The User of the Website agrees for enabling cookies on his terminal device.
  2. Disabling cookies by the User may result in different content of the Website being displayed to the User. The User might also be unable to use certain functions of the Website.
  3. To manage cookies settings, it is necessary to select the web browser which is being used from the list and follow the instructions: Internet Explorer, Chrome, Safari, Firefox, Opera.

 

Article 4.

Rules for using the Website

  1. By using the Website, the User obliges himself/herself in particular to comply with copyright and the rights resulting from the registration of trademarks, utility models and industrial designs of PolandbyLocals.
  2. Without the consent of PolandbyLocals it is unacceptable to disclose and use any information related to the functioning of the Website and the performance of the Agreement, in particular: technical and technological solutions of the Website, its know-how, and the services provided by PolandbyLocals.
  3. No data or content provided by the Users to the Website address, the Website’s employees or through the Website shall be returned to the Users and may be used by PolandbyLocals in accordance with the rules set forth in these Terms and Conditions.
  4. Actions that may impede or destabilize the operation of the Website are not permitted.
  5. Using the Website constitutes an acceptance of these Terms and Conditions.

 

Article 5.

Conclusion of an Agreement between the User and PolandbyLocals

  1. The User chooses a Trip by selecting proper dates and providing all required data, including in particular the name, surname, contact number, e-mail address and the information necessary for PolandbyLocals to prepare the Trip. Making the Offer takes place by activating relevant options available next to each Trip and next, following the instructions given at each stage of the Offer submission process. During the process, the User has the right to accept and agree to these Terms and Conditions. Failure to accept and agree to these Terms and Conditions makes it impossible to submit the Offer through the Website.
  2. The User undertakes to provide complete and true data in the Offer form. The User is responsible for the consequences of submitting or maintaining incomplete, outdated or untrue data.
  3. The User undertakes not to make Offers in a reckless, erroneous way, or without knowing the consequences of submitting the Offer in accordance with these Terms and Conditions and the Polish law.
  4. The submitted Offer shall be accepted or rejected by PolandbyLocals within up to 24 hours from sending the Offer form.
  5. In the event that the Offer is rejected, the User will be notified of this fact by an e-mail of rejection sent no later than up to 24 hours from submitting the Offer form to the e-mail address provided in the Offer submission process. Failure to respond to the submitted Offer within 24 hours from submitting the Offer form shall mean an acceptance of the Offer submitted by the User, thereby a conclusion of the Agreement.
  6. PolandbyLocals reserves the right to refuse to accept the Offer without giving any reason. In the event of refusing to accept the Offer, all payments made by the User shall be returned to the User within 3 days.
  7. An acceptance of the Offer by PolandbyLocals simultaneously constitutes a confirmation of concluding the Agreement in accordance with art. 21 of the Consumer Rights Act.
  8. By submitting the Offer, the User obliges himself/herself to pay the full price for the Trip for all its participants. The User is also responsible for informing the participants about all the details of the Trip.
  9. Concluding the Agreement between the User and PolandbyLocals is equivalent to agreeing to receive system information and news from PolandbyLocals.
  10. The User, at the time of submitting the Offer, agrees for processing his/her personal data by PolandbyLocals and for future processing of the data by PolandbyLocals’s legal successors. Any personal data provided by the User will be processed in accordance with the generally binding provisions of Polish law on personal data protection.
  11. In the event of submitting identical Offers with respect to the date and the type of the Trip by several Users, PolandbyLocals reserves the right to join the groups into one larger. The User has the right to make a reservation that he or she does not wish to participate in a Trip for more than the number of people indicated in the Offer. In such a case, and if the itinerary of the given Trip does not allow for increasing the number of Participants, PolandbyLocals has no right to join the Participants into larger groups.

 

Article 7

Payments

  1. All Trips advertised on the Website include information regarding their price. The prices shown are gross prices.
  2. There are two possible payment methods for the services provided by PolandbyLocals:
  3. A) a payment of the total amount due to PolandbyLocals for the Trip payable on submitting the Offer via the Website,
  4. B) a payment of an advance towards the sum due to PolandbyLocals for the Trip in the amount of 20% of the price payable on submitting the Offer via the Website, and the remaining part of the price in cash directly to the Lokals at the start of the Trip
  5. All payments made through the Website are serviced by PayPal. In order to make a payment it is necessary to have a valid account on this platform.
  6. If the payment is not credited to PolandbyLocals’s account or to a PayPal account, the Offer is not deemed as submitted, hence the Agreement is not concluded. In such an event, the User may re-submit the Offer.
  7. PolandbyLocals does not charge any fees for using the Website.
  8. Payments can be made in Euros (EUR) and Polish Zlotys (PLN).

 

Article 6

Terms and conditions for the performance of the Agreement

  1. All hours of various attractions provided by PolandbyLocals are approximated and may change.
  2. The Participants shall not be entitled to a reimbursement of an equivalent of the services that they have not used during the Trip for reasons attributable to the Participants.
  3. PolandbyLocals shall not be liable for failure to perform or improper performance of the Agreement if it is caused by acts or omissions of the Participant, acts or omissions of persons not participating in the performance of the services included in the Agreement if these actions or omissions could not be foreseen or avoided, or if the failure to perform or improper performance of the Agreement was caused by force majeure.
  4. The Participant is obliged to follow the directions and recommendations of PolandbyLocals and to adhere to the itinerary of the Trip.
  5. During the Trip, the Participant is obliged to observe the provisions of law, regulations and terms and conditions in force for the facilities visited and the means of transport used. PolandbyLocals is not responsible for the above violations of the Participants.
  6. The Participant is obliged to fully cover the costs of any damage caused during the Trip on the spot. Parents or legal guardians shall be responsible for any damage caused by minors during the Trip.
  7. PolandbyLocals reserves the right to remove a Participant who is under age if he or she is smoking, taking drugs or any other illegal substances, smoking, as well as in the event of acts of vandalism and other behaviors that cause obstruction to the Trip.
  8. The Participant agrees to being photographed and recorded and agrees for the said materials to be used for the purpose of promoting the Website.

 

Article 7

Withdrawal from the Agreement and cancellation of the Trip

  1. Within 14 days from concluding the Agreement, the User may withdraw from it without giving any reasons.
  2. PolandbyLocals is obliged to notify the User of all significant changes to the provisions of the Agreement immediately after receiving information on this subject. The User should immediately inform PolandbyLocals by email if he/she does not accept the proposed change and withdraws from the Agreement. In the event of the User’s cancellation of the Agreement, he/she is not obliged to pay a contractual penalty. The User’s failure to respond within ____ days shall mean acceptance of the new provisions of the Agreement.
  3. The User may resign from the Trip due to reasons attributable to the User. The date of resignation is then the date of the receipt of the resignation notice sent to the email address contact@polandbylocals.com.
  4. If the User resigns from the Trip due to reasons not attributable to PolandbyLocals,
  5. A) if the whole price for the Trip is paid, PolandbyLocals deducts the following amount:

– 50% of the price if the Trip is cancelled 14 to 7 days before the planned start of the Trip,

– 100% of the price if the Trip is cancelled less than 7 days before the planned start of the Trip.

  1. B) In the case of an advance payment, PolandbyLocals deducts from it 20% of the price of the Trip if the User cancels the Trip within less than 7 days before the planned start of the Trip.
  2. The price or a part of it paid by the User after the deductions made in accordance with Item 4 Article 7 hereof shall be reimbursed by PolandbyLocals within 3 days from the date of the User’s withdrawing from the Agreement. The User is not entitled to receiving interest on the reimbursed amounts.

 

Article 8

Privacy policy

  1. PolandbyLocals acts as an Administrator of personal data in relation to the personal data provided by the User.
  2. PolandbyLocals collects and processes the personal data provided by the Users in accordance with applicable laws and these Terms and Conditions. PolandbyLocals provides appropriate technical and organizational means to ensure the security of the Users’ personal information, including the information that prevents third parties from unlawfully accessing or processing it, and also that prevents data loss, damage or destruction.
  3. PolandbyLocals will process Participants’ personal data only in order to execute the Agreement.
  4. It is the priority of PolandbyLocals to ensure the confidentiality and security of Participants’ personal data.
  5. Personal data of the Participant may be entrusted by PolandbyLocals to third parties who perform tasks related to the execution of the Agreement on its behalf.

 

Article 9

Contact and complaint proceedings

  1. The Participant may contact PolandbyLocals regarding the services provided under these Terms and Conditions to:
  1. The User may submit a complaint to PolandbyLocals by filling out an appropriate form available on the Website.
  2. If the data or information given in the complaint form needs to be supplemented, PolandbyLocals will ask the person lodging the complaint to complete it. The expiry of the deadline may result in the dismissal of the complaint. The request for missing information shall have a suspensive effect on the period for handling the complaint.
  3. PolandbyLocals shall handle the complaint within 14 days of its receipt in the correct form, with the reservation that PolandbyLocals may refuse to handle complaints filed after the expiry of 3 days from the onset of the causes of the complaint.
  4. A response to the complaint is sent only to the e-mail address provided by the User in the submission process.
  5. PolandbyLocals is obliged to reimburse the amounts admitted as a result of complaint proceedings within 7 days from the date of considering and recognizing the complaint.

 

Article 10

Amendments

  1. PolandbyLocals reserves the right to change these Terms and Conditions and to launch a new version of the Website at any time without the necessity to justify the reason.
  2. These Terms and Conditions come into force on the day of their publication on the Website. Agreements concluded between the Users and PolandbyLocals before the date of these Terms and Conditions entering into force shall be subject to the provisions of the Terms and Conditions upon acceptance by the User.
  3. The legal successors of PolandbyLocals shall also be entitled to all rights arising from these Terms and Conditions.

 

Article 11

Disputes

All disputes related to the services provided by PolandbyLocal under these Terms and Conditions shall be settled by Polish common courts competent for the seat of PolandbyLocals.

 

Article 12

Severability

Should one of the provisions of these Terms and Conditions be held invalid or unenforceable under legal judgment, the remaining provisions shall still be valid and will remain in force.