TERMS AND CONDITIONS OF POMORSKIE TOURS
§ 1 GENERAL
1. The Pomorskie Tours store, operated on the Seller's websites at www.pomorskietours.pl and https://sklep.prot.gda.pl/pl/c/Wycieczki/21, as well as in a stationary mode at the Seller's registered office, operates on the terms and conditions set out in these Terms and Conditions.
2. The Terms and Conditions define the conditions for concluding and terminating Sales Agreements for trips and the complaint procedure, as well as the types and scope of services provided electronically by the Pomorskie Tours Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
3. Upon taking steps to use the Electronic Services of the Pomorskie Tours Store, each Customer is obliged to comply with the provisions of these Terms and Conditions.
4. In matters not covered by these Terms and Conditions, the following provisions shall apply:
4.1. The Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended),
4.2. The Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827),
4.3. The Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016 (Journal of Laws 2016, item 1823),
4.4. Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended),
4.5. and other relevant provisions of Polish law.
§ 2 DEFINITIONS CONTAINED IN THE REGULATIONS
1. CUSTOMER – a Service Recipient with full legal capacity who intends to conclude or has concluded a Sales Agreement with the Seller.
2. CONSUMER – a natural person or entrepreneur who performs a legal transaction not directly related to their business or professional activity.
3. TRIP – a set of services available in the Store, provided by Service Providers external to the Seller, which is the subject of the Sales Agreement between the Customer and the Seller, consisting of tourist services, such as sightseeing, transportation, but also participation in workshops and other activities.
4. TERMS AND CONDITIONS - these terms and conditions of the Store.
5. STORE - the Seller's online store operating at www.pomorskietours.pl.
6. SELLER – Pomorska Regionalna Organizacja Turystyczna (Pomeranian Regional Tourist Organisation) with its registered office in Gdańsk, entered in the Register of Associations, Other Social and Professional Organisations, Foundations and Independent Entities of the National Court Register under KRS number: 0000177559, whose registration documents are kept at the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register; address: ul. Wały Jagiellońskie 2a, 80-887 Gdańsk; NIP (Tax Identification Number): 5832842841, REGON (National Business Registry Number): 192982037.
7. SERVICE PROVIDER – an entrepreneur who actually provides the service to the Customer as part of the purchased Trip.
8. SALES AGREEMENT – the Trip Sales Agreement concluded between the Customer and the Seller via the Store.
9. ELECTRONIC SERVICE – a service provided electronically by the Seller to the Customer via the Store.
10. DURABLE MEDIUM – material or tool enabling the traveller or tourist entrepreneur to store information addressed personally to them in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is intended and which allows the stored information to be reproduced unchanged.
§ 3 INFORMATION ON PACKAGES AND THEIR IMPLEMENTATION
1. The trips offered in the Store are free from legal defects and have been legally introduced to the Polish market.
2. The price of Trips displayed on the Store's website is given in Polish zlotys (PLN) and is a gross value. The Seller is an EU VAT payer.
3. The price of Trips displayed on the Store's website is binding at the moment the Customer expresses their intention to purchase. This price will not change regardless of price changes in the Store that may occur in relation to individual services that are part of the Trips after the Customer places an Order.
4. A Trip may be purchased by selecting the appropriate product in the booking system provided by the Seller.
5. The condition for the performance of the Sales Agreement in the Store by the Customer is that they have read and accepted the Terms and Conditions before placing an order.
6. Promotional products are available in limited quantities and Orders for them will be fulfilled in the order in which they are received.
7. If, prior to the performance of the Tour, the Seller is forced, for reasons beyond its control, to change the essential terms of the Agreement with the Customer, it shall immediately notify the Customer thereof.
8. In the situation referred to in point 7 of this paragraph, the Customer is obliged to immediately inform the Seller whether:
8.1. they accept the proposed amendment to the Agreement or
8.2. they withdraw from the Sales Agreement with immediate refund of all payments made by the Customer and without the obligation to pay any contractual penalty.
9. If the Customer withdraws from the Sales Agreement in accordance with point 8.2 of this paragraph or if the Seller cancels the performance of a service constituting part of the Trip for reasons beyond the Customer's control, the Customer shall have the right, at their discretion, to:
9.1. receive a substitute service of the same or higher standard, unless they agree to a service of a lower standard with a refund of the difference in price,
9.2. demand immediate reimbursement of all payments made by them.
10. The Service Provider shall be liable to the Customer for non-performance or improper performance of the service covered by the contract, unless the non-performance or improper performance is caused exclusively by:
10.1. the Customer's actions or omissions,
10.2. the actions or omissions of third parties not involved in the performance of the services provided for in the Sales Agreement, if such actions or omissions could not have been foreseen or avoided,
10.3. unavoidable and extraordinary circumstances - this shall be understood as a situation beyond the control of the party invoking such a situation, the effects of which could not have been avoided even if all reasonable measures had been taken.
11. Exclusion of liability for non-performance or improper performance of the contract in the cases specified in point 10 of this paragraph shall not release the Seller from the obligation to provide assistance to the aggrieved Customer during the Tour.
12. During the performance of the services included in the Trip, the Customer is obliged to comply with the laws, regulations, rules and other order regulations in force in the visited facilities and means of transport. In the event of a breach of these regulations, the Seller's liability for non-performance or improper performance of the services included in the Trip shall be excluded.
13. During the Tour, the Customer shall bear full and exclusive liability for any damage caused by them. Parents or legal guardians shall be liable for any damage caused by minors.
14. During the Tour, when a tour guide headset system is used, the Customer shall bear full and exclusive responsibility for the device rented to them. In the event of damage or loss, the Seller shall charge the Customer a flat-rate contractual penalty of PLN 400.00 (four hundred zlotys and zero groszy) for each damaged or lost device. The Customer is obliged to provide their personal details to the guide who leads the tour and distributes the devices, and to return the tour guide devices after the tour has ended, in order to properly fulfil their obligation to pay the contractual penalty.
15. The Customer is not entitled to a refund for unused services included in the purchased Tour.
16. The Customer is obliged to familiarise themselves with the description of the service, its specifics, scope, intensity and its impact on the body, or in special cases, to consult a doctor.
17. Minors may participate in the Trip only under the supervision of a parent or guardian. Tickets for the Trip cannot be purchased for minors only, unless the specific terms and conditions of a particular Trip provide otherwise.
§ 4 CONCLUSION OF THE SALES AGREEMENT
1. In order to conclude a Sales Agreement, it is necessary to select a Trip and pay for it in one of the ways specified in § 5.
2. After placing an order, the Seller shall immediately confirm its receipt.
3. Payment for the Trip binds the Customer to the Sales Agreement.
4. Confirmation of the sale of the Trip is made by sending an email to the address provided by the Customer, which includes:
4.1. confirmation of all essential elements of the order, including the scope of services provided as part of the Trip, the names of the Service Providers, the date of the Trip,
4.2. these Terms and Conditions containing information on the right to withdraw from the contract.
The content of the Agreement shall be confirmed by an email with a ticket, which will enable the Service Provider to verify the rights arising from the purchased Trip.
5. In addition to confirming the sale of the Trip, the Seller shall, at the Customer's request, issue a VAT invoice, which shall be sent in electronic form to the email address provided by the Customer. In the case of sales in a brick-and-mortar store, the Customer shall receive a receipt from the cash register or, at their express request, the Seller shall issue a VAT invoice to the Customer.
§ 5 PAYMENT METHODS
1. The Seller offers the following payment methods:
1.1. cash at the Seller's point of sale,
1.2. payment via electronic payment services.
2. In the case of payment via electronic payment services, the Customer shall make the payment before the start of the Trip. Electronic payment services allow payment by credit card.
3. The Customer is obliged to pay the price under the Sales Agreement immediately, unless the Sales Agreement provides otherwise.
4. The confirmation specified in § 4 shall be sent to the Customer only after the price has been paid.
§ 6 COMPLAINTS
1. The basis and scope of the Seller's liability under the warranty towards the Customer who is a Consumer, under the warranty covering physical and legal defects, are specified in the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
2. Notifications of defects in the Product and the submission of the relevant request may be made in writing to the following address: ul. Wały Jagiellońskie 2a, 80-887 Gdańsk. A change of guide - if their name was given in the programme - does not constitute grounds for a complaint about the service.
3. The message should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller.
4. The Seller shall respond to the Customer's request immediately, no later than within 14 days of the complaint being lodged.
5. Failure to consider the complaint within 14 days of its submission shall be tantamount to its acceptance.
6. The response to the complaint shall be provided to the Consumer on paper or another durable medium.
§ 7 WITHDRAWAL AND TERMINATION OF THE AGREEMENT
1. A Customer who is also a Consumer, pursuant to Article 3(1)(8) of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended), shall not be entitled to a 14-day period to withdraw from a distance contract.
2. The Customer has the right to withdraw from the provision of a service constituting a Product before its performance by sending a statement of withdrawal from the Trip to the Seller in writing to the Seller's address or by email to: This email address is being protected from spambots. You need JavaScript enabled to view it.. Withdrawal from the provision of the service will be treated as withdrawal from the contract.
3. In the event of cancellation of the Trip by the Customer, the Seller may oblige the Customer to pay an appropriate and reasonable fee for withdrawal from the Contract to the Seller. If no other withdrawal fees are specified in the Contract, the amount of this fee shall be:
3.1. for cancellation more than 21 calendar days before the start of the Trip - 10%;
3.2. for cancellation 8-21 calendar days before the start of the Trip - 50% of the price;
3.3. for cancellation 2-7 calendar days before the start of the Trip - 75% of the price;
3.4. for cancellation less than 48 hours before the start of the Trip - 100% of the price.
The cancellation fee cannot exceed the price of the Trip minus any costs saved. The cancellation fee shall be deducted by the Seller from the payment made by the Customer. At the Customer's request, the Seller shall justify the amount of the cancellation fees.
4. The Seller shall credit any amounts already paid towards the Cancellation Fee.
5. In the event of illness or unforeseen circumstances, a Customer who is unable to participate in the Trip may find a replacement. The Customer shall not incur any additional costs in this respect. If no replacement is found, the fee shall be forfeited. Changes must be made at least two working days before departure.
6. In particularly justified cases, at the Customer's request submitted in writing to the Seller, the Seller may waive the Fee for withdrawal from the Contract referred to in paragraph 3.
7. The right to withdraw from a distance contract is not available to the Consumer in the case of a Sales Contract where the subject of the service is:
7.1. a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that they would lose their right to withdraw from the contract once the Seller had performed the service;
7.2. a service in the field of leisure, entertainment, sports or cultural events, if the contract specifies the date or period of performance of the service.
8. The right to withdraw from the Sales Agreement is available to both the Seller and the Customer (Consumer) if the other party fails to perform its obligation within a strictly specified time limit.
9. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
10. In the event of withdrawal from the agreement, the Sales Agreement shall be deemed not to have been concluded.
11. Subject to § 3 points 10 and 12, the Seller has the right to demand payment for the costs actually incurred and services provided until the moment of receipt of the cancellation (withdrawal from the contract), which the Seller may deduct from the payment made by the Customer.
§ 8 CANCELLATION
1. The Seller has the right to cancel the Tour due to an insufficient number of participants if the proper performance of the Tour depends on the number of participants. The Seller shall inform the Customer of the minimum number of participants when selling the Tour.
2. The Seller has the right to cancel the Tour due to adverse weather conditions or random causes, such as an accident, transport disaster, illness of the person conducting the Tour, if they actually prevent or significantly hinder the performance of the Tour.
3. The Customer shall be notified of the cancellation of the Trip at the latest:
3.1. 24 hours - due to an insufficient number of participants
3.2. 1 hour - due to adverse weather conditions
- before the commencement of the first service included in the Trip.
4. In the event of cancellation of the Trip, the Seller may, without incurring additional costs for compensation or damages:
4.1. offer the Customer another date for the Trip;
4.2. refund the Price paid and terminate the Contract.
§ 9 COMPLAINTS
1. The Seller, who is not the direct provider of the services included in the package, shall not be liable for any damage caused by the actions or omissions of the Service Provider.
2. In the event of damage, the Customer should submit their claim directly to the Service Provider.
3. The Seller undertakes to provide the Customer with the necessary assistance in pursuing their claims, including providing, at the Customer's written request, information about the Service Provider whose actions or omissions led to the damage suffered by the Customer.
§ 10 INSURANCE
1. The services included in the trip are not subject to compulsory travel insurance. The Seller, its employees and Service Providers shall not be liable as a tour operator. The Seller shall take out accident insurance for the Customer and other participants of the trip only in the case of trips involving coach transport.
2. The Seller leaves it to the Customer's discretion to purchase an individual travel insurance policy. The Seller does not recommend any specific insurance company or type of policy. For this purpose, please contact insurance companies directly.
§ 11 INTELLECTUAL PROPERTY
1. All content posted on the website at pomorskietours.pl is protected by copyright and (subject to point 3 and elements used under licence, transfer of copyright or fair use) is the property of the Seller.
2. Any use by anyone, without the express written consent of the Seller, of any of the elements constituting the content and content of the pomorskietours.pl website constitutes a violation of the copyright of the Seller and results in civil and criminal liability.
3. All trade names, product names, company names and logos used on the website at pomorskietours.pl belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the website at pomorskietours.pl are used for informational purposes only.
§ 12 PERSONAL DATA
1. The administrator of personal data is the Pomeranian Tourist Organisation with its registered office at ul. Wały Jagiellońskie 2a in Gdańsk. In matters relating to personal data, please contact This email address is being protected from spambots. You need JavaScript enabled to view it.. We collect personal data, processing and maintaining its confidentiality and security in accordance with Article 6 of the GDPR for the purpose of:
2. Verification of the correctness of the form and purchase of the Package – in accordance with Article 6(1)(b) and (f) of the GDPR
2.1. the delivery of Packages as part of our obligations under the Agreement – in accordance with Article 6(1)(b) and (f) of the GDPR
2.2. contacting you at the phone number or email address provided – to confirm your order, complaint or to inform you about important messages – in accordance with Article 6(1)(b) and (f) of the GDPR
2.3. resolving any claims - in accordance with Article 6(1)(f) of the GDPR
2.4. archiving to fulfil legal obligations related to the Agreement in accordance with Article 6(1)(c)
2.5. presenting our offer - in accordance with Article 6(1)(a), (f) of the GDPR
2.6. collection of data for statistical purposes through the use of information about the use of the website (www.) obtained through so-called cookies, or with your consent for marketing purposes in order to reach you with our offer - in accordance with Article 6(1)(a) and (f) of the GDPR
3. We transfer data to trusted partners while maintaining confidentiality and security. We do not share your data with third parties for commercial purposes. Your personal data may be transferred on the basis of relevant agreements containing data protection clauses adopted by the European Commission to technology partners and payment operators for the services provided.
4. The use of services and consent to the processing of personal data is voluntary on your part.
5. Failure to provide an email address may result in the inability to confirm your booking, and failure to provide a telephone number may make it difficult to contact you.
6. You have the right to access, rectify, delete, restrict and object to the processing of your data. Withdrawal of consent does not affect the processing of data until the withdrawal. From the moment of withdrawal of consent, it may take some time before the request is accepted into the system and all databases are synchronised. We make every effort to ensure that these actions are carried out without undue delay, but in no case may this take longer than 1 month.
7. If you believe that the processing of your personal data by the Data Controller violates the provisions of the GDPR, you have the right to lodge a complaint with the President of the Personal Data Protection Office.
§ 13 FINAL PROVISIONS
1. The Customer agrees to the photographing and recording of video materials with their participation and the use of these materials in the Seller's promotion in all possible fields and sources. The Customer may withdraw this consent at any time by sending a written statement of withdrawal of consent to the Seller at their mailing address.
2. Contracts concluded through the Store are concluded in accordance with Polish law.
3. In the event of any conflict between any part of the Terms and Conditions and applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision of the Terms and Conditions.
4. Any disputes arising from Sales Agreements between the Seller and Consumers shall be resolved in the first instance through negotiation, with the intention of amicably resolving the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory to either party, disputes shall be settled by the competent common court in accordance with point 4 of this paragraph.
5. Judicial settlement of disputes:
5.1. Any disputes arising between the Seller and the Customer who is also a Consumer shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).
5.2. Any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
6. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the completion of the complaint procedure, a request for mediation or a request for the case to be examined by an arbitration court (the request can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also seek free assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure has been completed is free of charge.