Regulations of the website
§1 Preliminary provisions
The online portal selling trips for tourists, Krakowtourguide, available at the website krakowbiketour.pl, is run by Seweryn Osowski, running a business under the name Seweryn Osowski Elpol, entered into the Central Registration and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 5512479161 REGON 361015364
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the rules for using the online portal krakowbiketour.pl as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.
Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his business or professional activity.
Seller – a natural person running a business under the name Seweryn Osowski Elpol entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economy, NIP 5512479161 REGON 361015364
Customer – any entity making purchases via the Portal.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity under a separate act, conducting business activities on its own behalf, and using the Store.
Portal – online store run by the Seller at the Internet address krakowbiketour.pl
Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Portal), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations – these regulations of the Portal.
Order – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
Order form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of payment.
Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product – a service available on the Portal that is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – depending on the features of the Product – a contract for the provision of services and a contract for specific work.
§3 Contact the Store
Seller’s address: 30-693 Kraków, Kijanki 4/2
Seller’s e-mail address: firstname.lastname@example.org
Seller’s telephone number: 669488838
Seller’s bank account number 68 2490 0005 0000 4530 8119 4066
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer can communicate with the Seller by phone between 9:00 a.m. and 5:00 p.m
§4 Technical requirements
To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:
end device with access to the Internet and a web browser such as Internet Explore, Google Chrome, Firefox, Opera
active e-mail account,
cookie support enabled.
§5 General information
To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. The Customer may place orders by providing the necessary personal and address data enabling the execution of the order without creating an Account.
The prices given in the Store are given in euro and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the service and the cost of the booking portal, about which the Customer is informed on the Store’s website at the time of payment for the placed order.
§6 Rules for placing an Order
To place an Order you must:
select the Product that is the subject of the Order and then click the „Book now” button;
take advantage of the option of placing an Order without registration; – complete the Order Form, selecting the date and time of the trip and entering the details of the recipient of the Order,
click the pay button and make the payment
§7 Payment methods offered
The customer can use the following payment methods:
Payment by payment card: in the case of Polish currency: Przelewy24 – PayPro S.A. street Kanclerska 15, 60-327 Poznań; Euro: Stripe -South San Francisco, 354 Oyster Point Blvd, United States
§8 Execution of the sales contract
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the order form in the Online Store in accordance with § 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declarations about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses:
payment by payment card, the Customer is obliged to make the payment at the time of concluding the Sales Agreement – otherwise the order will be canceled.
§9 Right to withdraw from the contract
The consumer may withdraw from the Walking Tour Sales Agreement without giving any reason within 14 days. In this case, you will receive a 100% refund. In the case of other tourist services, the Consumer will be informed about the cancellation costs before concluding the contract.
The period specified in section 1 starts with the delivery of the tour order date
The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.
The declaration may be sent by traditional mail or electronically by sending the declaration to the e-mail address – the Seller’s contact details are specified in § 3. The declaration may also be submitted on a form, the template of which is attached as Annex 1 to these Regulations and as an annex to the Act. of May 30, 2014 on consumer rights, but this is not obligatory.
If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
Effects of withdrawal from the Agreement:
In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
In the event of withdrawal from the Agreement – in accordance with § 9 point 1 – the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
§11 Complaint and warranty
The Sales Agreement covers organized trips.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
The Seller will respond to the complaint immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request is justified.
§12 Out-of-court methods of dealing with complaints and pursuing claims
Detailed information on the possibility for the Consumer to use extrajudicial methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_zdrowie.php and http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
§13 Personal data in the Online Store
The administrator of Customers’ personal data collected via the Online Store is the Seller.
Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents – also for marketing purposes.
The recipients of personal data of Online Store Customers may be:
In the case of a Customer who has purchased a trip with transport, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary carrying out the trip at the request of the Administrator.
In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer’s collected personal data to the selected entity handling the above payments in the Online Store: in the case of Polish currency: Przelewy24 – PayPro S.A. street Kanclerska 15, 60-327 Poznań; euro: Stripe -South San Francisco, 354 Oyster Point Blvd, United States
The customer has the right to access and correct their data.
Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
§14 Final Provisions
Contracts concluded via the Online Store are concluded in Polish or English
The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
The Regulations enter into force on November 29, 2023.