TERMS AND CONDITIONS OF THE bursztynowa-przystan.pl WEBSITE

I. GENERAL PROVISIONS

 
1. The Terms and Conditions define the conditions for the provision of services via the Website and the rules for using the Website.

 

2. The Website is made available by the Administrator.

 

3. Before starting to use the Website, the User is obliged to read the Terms and Conditions.

 

4. Using the Website is tantamount to the User submitting a declaration that they:

 
• have read the Terms and Conditions, accept all its provisions, and commit to complying 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 purpose of proper performance of the contract for the provision of electronic services and other services specified in the Terms and Conditions;

 

• consent to receiving system information, messages from the Administrator, and information about difficulties, changes, or technical breaks in the operation of the Website;

 
5. In case of non-acceptance of the Terms and Conditions, the User should refrain from using the Website.

II. DEFINITIONS

For the purposes of the Terms and Conditions, the terms used herein mean:

 
1. Administrator – IMPEA sp. z o.o. with its registered office in Katowice at ul. Zimorodków 17/1, 40-534 Katowice, entered into the register of entrepreneurs of the National Court Register kept by the District Court Katowice-East, 8th Commercial Division of the National Court Register in Katowice under KRS number 284967, using NIP 6342641900 and REGON 240668025, with a share capital of PLN 990,000, fully paid up;

 

2. Consumer – a natural person making a contract or applying for its conclusion, for purposes not directly related to their business or professional activity;

 

3. Account – a place on the Website assigned to the User, available after registering and logging in by entering a login and password, through which they use some of the Website’s services;

 

4. Terms and Conditions – these Terms and Conditions of the domki-bialezagle.pl website;

 

5. Website – the online platform bursztynowa-przystan.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 Terms and Conditions;

 

6. User – a natural person (Consumer), a legal person, or an organizational unit without legal personality, created in accordance with separate provisions, using the Website in any way.

III. INTELLECTUAL PROPERTY

 
1. The Website, together with the works, trademarks, and databases contained therein, is subject to protection provided for in the applicable provisions of law, in particular in the Act of February 4, 1994, on copyright and related rights (i.e. Journal of Laws of 2016, item 666, as amended), the Act of June 30, 2000, Industrial Property Law (i.e. Journal of Laws of 2013, item 1410, as amended), the Act of July 27, 2001, on the protection of databases (Journal of Laws No. 128, item 1402, as amended), and the Act of April 16, 1993, on combating unfair competition (i.e. Journal of Laws of 2003 No. 153, item 1503, as amended).

 

2. Copyrights to the Website and the works contained therein, within the meaning of the Act of February 4, 1994, on copyright and related rights (i.e. Journal of Laws of 2016, item 666, as amended), rights to trademarks, and databases belong to the Administrator.

 

3. 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.

 

4. Without the prior consent of the Administrator, the User may use the Website and the works and databases contained therein only within the framework of fair use provided for in the Act on copyright and related rights and in the Act on the protection of databases. In particular, it is unacceptable to:

 
• reproduce, modify, block, publicly perform, and publicly make available on the Internet the Website or its parts, or works posted on the Website or their parts, except in cases indicated in the separate provisions applicable in this regard;

 

• download the contents of databases and secondary use them in whole or in a substantial part, as to quality or quantity.

IV. SCOPE OF SERVICES PROVIDED VIA THE WEBSITE

 
1. Within the Website, the User may use the following services:

 
• information about services provided by the Administrator, including current price lists and promotions;

 

• Account creation;

 

• logging into the User Account;

 

• reservation of tourist services provided by the Administrator.

 
2. The provision of services to the User via the Website is based on the Terms and Conditions.

 

3. The conclusion of a contract for the provision of services via the Website between the Administrator and the User takes place when the browser used by the User loads the Website’s URL entered into the browser by the User.

 

4. The termination of the contract for the provision of services via the Website between the Administrator and the User occurs when the User closes the browser window (tab) in which the Website’s web page was displayed.

 

5. The Administrator has the right to post 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

 
1. In order to gain access to all services offered to the User via the Website, the User may create an Account on the Website. For this purpose, they should register by following the instructions contained in the Website’s registration panel.

 

2. In order to create an Account, it is necessary to provide the following data:

 
• first name and last name;

 

• account password;

 

• e-mail address;

 

• phone number.

 
3. At the stage of filling out the registration form, the User has the opportunity to read the provisions of the Terms and Conditions, which can be saved by the User on a durable medium or printed.

 

4. After creating the Account, the Administrator will send an activation link for the Account to the e-mail address provided by the User.

 

5. After activating the Account, the User can log in to the Account using the login and password provided during the registration process.

 

6. The Account provides the following functionalities:

   Preview of bookings made;

   Changing personal data and password.

 

7. 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 responsible 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 security breach or unauthorized use of the User’s account.

 

8. By registering, the User consents to the processing of their personal data by the Administrator, within the meaning of the Act of August 29, 1997, on the protection of personal data (i.e. Journal of Laws of 2016, item 922, as amended), in order to carry out the tasks of the Website, i.e., inter alia, enabling the creation of an Account on the Website, submitting reservations for tourist services provided by the Administrator, and the implementation and handling of these services.

VI. RIGHTS AND OBLIGATIONS OF THE USER

 
1. The User may have only one Account and may not share the Account with third parties or use Accounts belonging to third parties.

 

2. The User undertakes to refrain from actions that may hinder or disrupt the operation of the Website, and in particular actions consisting in destroying, altering, deleting, or hindering access to the Accounts of other Users.

 

3. In the event that the Administrator finds a violation of the provisions referred to in sec. 1-2, the Administrator has the right to block the Account or terminate the contract for the provision of electronic services.

 

4. The User undertakes to use the Website in accordance with applicable law, generally accepted moral, social, customary, and cultural norms, the provisions of the Terms and Conditions, and the principles of social coexistence, including netiquette.

 

5. The User has the right to demand from the Administrator the deletion of the Account; for this purpose, they should send an appropriate statement to the Administrator electronically to the address: biuro@impea.pl. Deletion of the Account involves the removal of the User’s data from the Website’s database.

 

6. The User may contact the Administrator via:

 
• traditional mail: IMPEA sp. z o.o. with its registered office in Katowice at ul. Zimorodków 17/1, 40-534 Katowice;

 

• e-mail: biuro@impea.pl;

 

• by phone: 530 633 970 – cost of the call according to the rates of the operator providing the connection;

 
7. The method and deadline for the Administrator’s performance of the service ordered by the User are given each time during the User’s order (reservation) submission procedure.

VII. RESTRICTIONS ON THE USE OF THE WEBSITE

 
1. It is forbidden to use the Website in a manner contrary to or inappropriate for its purpose. It is forbidden to transmit and publish via the Website content prohibited by generally applicable law, including international agreements, EU law, and the law of the Republic of Poland. In particular, it is forbidden to:

 
• use the Website for any unlawful purposes or to promote illegal activities;

 

• post 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:
  a) violating the personal and/or property rights or personal goods of third parties,
  b) generally considered vulgar, offensive,
  c) depicting or propagating violence, fascism, racism, hatred, or any discrimination (e.g., racial, cultural, ethnic, religious, philosophical, physiological, material),
  d) of an erotic, pornographic, or obscene nature,
  e) disseminating techniques for breaking data security (mechanical and/or electronic), concerning the creation and spread of viruses and similar software, and content describing, promoting, or providing instructions for illegal or even potentially dangerous activities,

 

• impersonate other Users;

 

• send unsolicited communications, advertisements, or spam via the Website.

 
2. The User is prohibited from activities (behavior) consisting of:

 
• violating generally accepted rules of netiquette;

 

• using programs generating automatic queries to the Administrator’s servers;

 

• copying part or all of the Website, including the source code, or using it for commercial purposes;

 

• sending spam or unsolicited commercial information, advertising goods, services, and engaging in commercial, advertising, or promotional activities on the Website;

 

• promoting other websites/services/web portals.

 
3. The User undertakes to refrain from violating copyrights to the Website belonging to the Administrator, as well as copyrights of third parties. The User bears full responsibility for the violation of the Terms and Conditions, rights, or goods of third parties.

 

4. The User bears full responsibility for the violation of the Terms and Conditions, rights, or goods of third parties.

VIII. ADMINISTRATOR’S LIABILITY

 
1. The Administrator makes every effort to ensure the proper functioning of the Website in technical terms.

 

2. The Administrator is not liable:

 
• For the User’s inability to use the provided services as a result of the User’s failure to meet the technical requirements;

 

• For any damages and losses of the User arising directly or indirectly (including damages for loss of business profits, business interruption, or loss of business information, and other damages of a property nature), in connection with the use or inability to use the Website by the User or malfunctioning of the Website;

 

• in connection with the User’s improper use of the Website, in particular in a manner contrary to generally applicable law and the Terms and Conditions, and the malfunction of computer hardware, 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 to the User;

 

• for damages suffered by the User caused by threats occurring in the public Internet network, in particular hacking into the User’s system, password interceptions by third parties, infecting the User’s system with viruses.

 
3. 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 lying on the side of the User, third parties, service provider, operator responsible for data transmission;

 

• the necessity for the Administrator to carry out essential maintenance or service work;

 

• force majeure events.

 
4. The Website may contain links to third-party websites (e.g., advertisers) that are not owned and 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.

 

5. The Administrator reserves the right to stop providing services by blocking the User’s Account whose actions are deemed harmful to the Website, or who violates any of the provisions of the Terms and Conditions. Resuming the provision of services by unblocking the User’s account is left to the free decision of the Administrator.

 

6. 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 deletion of personal data regarding the User.

IX. FEES FOR USING THE WEBSITE

 
1. The use of the Website by the User, including creating and using the 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 with costs arising from the contract connecting them.

 

2. The method and deadline for payment for services provided via the Website are given each time during the User’s order (reservation) submission procedure.

X. USER DATA AND ITS PROTECTION. PRIVACY POLICY

 
1. The Administrator attaches particular importance to respecting the privacy of the User using the Website.

 

2. When using some services provided via the Website, a 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.

 

3. Personal data may be verified by the Administrator. For this purpose, the Administrator may require the User to submit declarations other than those provided for in the Terms and Conditions.

 

4. The Administrator provides services via the Website in accordance with the Act of August 29, 1997, on the protection of personal data (i.e. Journal of Laws of 2016, item 922, as amended) and implementing acts issued on its basis.

 

5. The Data Controller is the Administrator.

 

6. The Administrator processes personal data on the basis of Art. 23 sec. 1 point 1 of the Act on the protection of personal data.

 

7. The Administrator will process personal data exclusively for the purpose of performing a given service provided via the Website and to the extent necessary for its performance.

 

8. When processing personal data, the Administrator exercises special care to protect the interests of data subjects, and in particular ensures that this data is:

 
• processed in accordance with generally applicable law;

 

• collected for the purposes specified in the Terms and Conditions and not subjected to further processing inconsistent with these purposes;

 

• substantively correct and adequate in relation to the purposes for which it is processed;

 

• stored in a form that permits the identification of the data subjects for no longer than is necessary to achieve the purpose of processing.

 
9. Only persons authorized by the Administrator are permitted to process personal data.

 

10. The Administrator secures personal data against its disclosure 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 in the provisions of Art. 36-39a of the Act on the protection of personal data, and exercises due diligence in the processing of personal data by using technical and organizational measures referred to in the Regulation of the Minister of Interior and Administration of April 29, 2004, on personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for processing personal data (Journal of Laws No. 100, item 1024).

 

11. The IT system used by the Administrator in the personal data processing process meets the requirements set out in the regulation referred to in sec. 10.

 

12. Personal data is processed at the company’s headquarters, located in Katowice at ul. Zimorodków 17/1.

 

13. The scope of personal data processed by the Administrator in connection with the provision of services covered by the Terms and Conditions includes:

 
• first name and last name;

 

• phone number;

 

• e-mail address.

 
14. The Administrator may entrust the processing of personal data to a third party.

 

15. The Administrator will not share the collected personal data with third parties unless it occurs as a result of explicit consent.

 

16. The Administrator ensures the exercise of rights resulting from the Act of August 29, 1997, on the protection of personal data (i.e. Journal of Laws of 2016, item 922, as amended), and in particular enables:

 
• insight into one’s own personal data and its correction;

 

• submitting, in cases specified in the Act, a written, reasoned request to cease processing one’s own personal data.

 
17. In order to exercise the rights referred to in sec. 16, please apply in writing to the Administrator at the address IMPEA sp. z o.o. with its registered office in Katowice at ul. Zimorodków 17/1, 40-534 Katowice, with the annotation “Personal data” or send a message electronically to the address: biuro@impea.pl.

 

18. 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

 
1. The Website User has the right to file a complaint in matters related to the technical functioning of the Website.

 

2. Complaints can be submitted in writing to the address: IMPEA sp. z o.o. with its registered office in Katowice at ul. Zimorodków 17/1, 40-534 Katowice or electronically to the address: biuro@impea.pl.

 

3. The Administrator will consider the complaint within 14 days from the date of its receipt, subject to sec. 4.

 

4. The Administrator reserves the right to extend the deadline specified in sec. 3 by no more than 10 days in the event that recognizing the complaint requires unusual, special actions and arrangements or encounters obstacles independent of and not attributable to the Administrator (additional explanations, hardware failure, force majeure, etc.). The Administrator also reserves that reliable consideration of the complaint may require obtaining additional explanations from the User.

XII. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

Due to the nature of the services provided by the Administrator (accommodation services, other than for residential purposes, leisure-related services) as part of the Website, pursuant to Art. 38 point 12 of the Act of May 30, 2014, on consumer rights (Journal of Laws, item 827, as amended), the Consumer is not entitled to the right to withdraw from an off-premises or distance contract.

XIII. ACCESS TO THE WEBSITE AND TECHNICAL REQUIREMENTS

 
1. The Administrator provides services via the Website using the Internet network. 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.

 

2. For the proper functioning of the Website, it is required to have computer hardware with up-to-date software that provides access to the Internet network and an updated web browser that ensures proper display of websites.

 

3. In the event that 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

 
1. The primary threat to every Internet user, including those using services provided electronically, 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). In order to avoid the threats associated with 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 by installing its latest versions immediately after they appear on the market. The Administrator also informs that specific threats related to the use of the electronic service, including the one described in the Terms and Conditions, are associated with the activities of hackers aiming to break into both the Administrator’s system (e.g., attacks on its websites) and the User’s. The User therefore acknowledges that despite the Administrator’s use of various modern technologies, there is no perfect security protecting against the undesirable actions described above.

 

2. The current content of the Terms and Conditions is available on the Website’s web page and at the Administrator’s headquarters.

 

3. The Administrator reserves the right to amend the Terms and Conditions. An amendment to the Terms and Conditions may occur in particular in the event of technological or organizational changes in the operation of the Website.

 

4. The Administrator notifies the User of changes to the Terms and Conditions by making the content of the new, consolidated Terms and Conditions available on the Website’s web page.

 

5. An amendment to the Terms and Conditions enters into force on the day of publishing the content of the new Terms and Conditions on the Website’s web page.

 

6. The User’s use of the Website after introducing changes to the Terms and Conditions means their acceptance. In the event of non-acceptance of changes to the Terms and Conditions, the User should refrain from using the Website.

 

7. The Administrator has the right to stop providing services via the Website.

 

8. In matters not covered by the provisions of the Terms and Conditions, the applicable provisions of Polish law shall apply, and any disputes shall be settled by the competent Polish common courts.