TERMS AND CONDITIONS
DICTIONARY OF TERMS
Civil Code |
means the Act of 23rd April 1964 – Code of Civil (as amended) |
Client |
means a person using the Website, placing an Order for Services which the Service Provider offers, having full legal capacity, who is: a Consumer, a natural person conducting business (including the person referred to in Article 576 of the Civil Code), a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity |
Consumer |
means a natural person entering into a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity (natural person referred to in Article 22 of the Civil Code) |
Consumer law |
means the Act of 30th May 2014 on Consumer Rights |
Devices |
means any computer, mobile, or other electronic device, from which the Client can gain access to the Website (having access to the Internet and a current version of a web browser) |
Order |
means an Offer for the purchase of a selected Service made by the Client using a form available in the Website or via e-mail |
Service Provider |
means GFP Travel Patrycja Bartecka, Twardowskiego 8 Street, 44-180 Toszek, Poland, Tax Identification Number (NIP): 9691313716, Register of the National Economy Number (REGON): 241360358 |
Service |
means services provided electronically (within the meaning of the UŚUDE) by the Service Provider as part of its business activities through the Website, in which personal data in the form of name, surname, e-mail address, telephone number and history of use of the Services of the Service, as well as additional information related to a specific order, such as date of birth, may be processe. And also means travel services including reservations made for travel services provided by the Service Provider (base on general offer or after individual arrangements) i.e. including passenger transportation, accommodation for purposes other than stay, booking meals, providing tourist guides and local guides or other services provided to travelers |
UŚUDE |
means the Act of 18th July 2002 the Act on Providing Services by Electronic Means (Journal of Acts, No. 144, item 1204 as amended) |
Website |
means the website available at greetingsfrompoland.com that allows you to purchase Order, as well as learn more about the Service Provider’s business |
- 1 General provisions
- The Terms and Conditions are also regulations within the meaning of the UŚUDE. The document defines the conditions of use and operation of the Services available on the Website, as well as the rights and obligations of Clients. These Terms and Conditions also specify the liability of the Service Provider with respect to the Services provided.
- To the extent that the Terms and conditions regulate and apply to the Consumer law, these provisions are related only to this group of people, and, moreover, to natural persons entering into a contract directly related to their business activity, and this activity does not have a professional character for them.
- The Terms and conditions set forth, in particular:
- rules for placing Orders;
- rules for payment transactions;
- types and scope of the Services, including the terms of concluding contracts for Services;
- conditions for providing the Services, including the technical requirements necessary for cooperation with the information and communication system used by the Service Provider;
- issues concerning the prohibition of the Client to provide illegal content;
- the procedure of complaint procedure.
- The Terms and Conditions are available on the Website (at https://greetingsfrompoland.com/booking-insurances-and-cancellation-policy-greetings-from-poland/ ) , in a form that allows it to be downloaded, recorded, saved and printed – at any time.
- Access and use of the Website is free of charge, although the Services provided by the Service Provider are chargeable.
- The Service uses cookies which the Client is informed of when entering the Website for the first time. If the Client accepts their use – click “I agree”. The Client can adjust preferences by going to “preferences”. The Client can also change settings (at any time) by clicking on the button pinned to the right side of the web browser “cookie policy”. The Client can also disable the cookies (at any time) from the web browser. Detailed information, including the purposes and functionality of cookies through the Website, can be found in the Privacy Policy located on the Service at the following address: https://greetingsfrompoland.com/privacy-policy/
- Access to the Website requires the following technical conditions:
- access to the Internet;
- access to a current version of a web browser (e.g. Google Chrome, Mozilla Firefox, Microsoft Edge, Safari);
- access to hardware and software that allows the use of the World Wide Web and a web browser.
- In the event that the Service Provider publishes on the Website, the price offer of its Services, the Service Provider shall, next to the current price, display the lowest price of the Service that was in effect for the Service in the period of 30 days prior to the introduction of the price reduction. If a particular Service is offered for
a period of less than 30 days, the lowest price for that Service that was in effect during the period from the date of commencement of offering that Service shall be displayed next to the information about the reduced price. - The Service Provider shall make every effort to ensure that the information presented on the pages is up-to-date. However, should some of the Services ordered not be available, the Service Provider undertakes to immediately inform the Client of the situation by phone or e-mail .
- 2 Provision of electronic services
- Using the Website is free of charge and voluntary.
- Each Client is obliged to use the Website and the Services in a manner consistent with the content of these Terms and Conditions, with respect for the law, and good manners.
- In particular, it is forbidden to:
- providing false, inaccurate, or outdated information or personal data;
- disseminating false or illegal information about the content posted on the Website;
- providing content of a nature that breaches the generally applicable regulations;
- obtaining illegal access to and control of network infrastructure or servers located on the Internet network not belonging to the Client;
- conducting illegal activities through or using the Service;
- publishing and transmitting content that is offensive, illegal, or violates Service Provider‘s personal rightsor those of third parties.
- The Service Provider informs of the existence of typical risks in connection with the use of the Services covered herein, which arise from the use of the Internet for the provision of the service. It is recommended that Clients take appropriate measures to minimize the threat (e.g., by using appropriate anti-virus protection and designed to protect the use of the Internet). The Service Provider, for its part, applies safeguards that allow the use of the Services in a manner designed to prevent unauthorized access to the content of the services provided through the Website.
- The Services include access to the content of the Website and search for relevant content, as well as access to the Form to ask questions and place orders.
- Accessing and searching the content of the Service, continues for the duration of your stay on the Website. You may cancel the Service at any time by ceasing to use the Website.
- To order, book or reserve a tour, you should contact the Service Provider via e-mail: office@greetingfrompoland.com , or via the Form available at the Website address: https://greetingsfrompoland.com/tailor-made-tour/.
- To contact the Service Provider using the Form, Client must fill in the fields in accordance with the descriptions of the individual fields (which will have impact for proposed Services by the Service Provider). The next step is to click on the “Submit Form” button.
- After completing the actions described in the preceding paragraph, the Client should read the content of this document, and then tick the checkbox “I have read the rules of the Website and the rules of data processing and at the same time accept the content of these documents” confirming acceptance of the rules and regulations and reading the rules of data processing by the Service Provider.
- 3 Terms of Order, conclusion of contract
- The Service Provider provides services which are:
- presented on the Website www.greetingsfrompoland.com, or
- special offers created by the Service Provider and sent individually to the Client by e-mail or fax, or
- organized at the special request of the Client (not presented on the Website), which have different booking conditions and must be mutually agreed with the Service Provider (confirmed by e-mail or fax).
- It is not required to create an Account to place an Order of Services.
- Requests for an Order of Services should be made by sending a written order with all the necessary details to prepare an Offer, by e-mail: office@greetingfrompoland.com , or via the Form available at the Website address: https://greetingsfrompoland.com/tailor-made-tour/ .
- To contact the Service Provider using the Form, Client must fill in the fields in accordance with the descriptions of the individual fields (which will have impact for proposed Services by the Service Provider). The next step is to click on the “Submit Form” button. Before placing an Order, the User should verify the correctness of the data entered and verify that the Order form contains the products/services selected by the User.
- Submitting an order via e-mail or the Form, the Client initiates the booking process by directing an inquiry, which is forwarded to the Service Provider. After verifying the availability of the selected Service, the Client will receive feedback and documents regarding the terms, conditions, and content of the Agreement.
- By entering the booking process (by placing an order), the Client agrees to be contacted by the Service Provider, which aims to conclude the Contract. Above all, the Client consents to the sending of documents in electronic form to the e-mail address indicated by the Client, which constitutes an individual Agreement concretizing the selected Service. Refusal to give consent will prevent the conclusion of the Agreement in the manner specified in the Terms and Conditions.
- The Service Provider (or persons authorized by the Service Provider) shall contact the Client to transmit information relevant to the conclusion or execution of the Agreement, including the transmission of related communications, decisions, or information, as well as activities supporting the correct implementation of the Agreement, or assistance and mediation in activities aimed at removing possible inconsistencies.
- The Client is obliged to read the content of the sent documents, in particular, to verify the accuracy of the placed data of the recipient, as well as to check whether the described service fully reflects the product presented to him.
- If inaccuracies, errors, or omissions are detected, the Client should immediately, if possible, before payment, contact the Service Provider and report the differences.
- The Client shall conclude the Agreement on the Terms and Conditions specified in the documents sent to him.
- Person (a client, travel agent) who represents a separate, group of traveling-together tourists is responsible by law to inform all persons in that group about the actual terms of the booking. By sending the separate terms of booking to the client by e-mail or fax, our company considers that all the group participants know and accept them.
- All reservations are subject to availability. The Service Provider is obliged to either send a written confirmation or a refusal within 48 hours of a previewed booking.
- The Service Provider reserves the right to cancel any Client booking if the payment is not received on time (according § 4. 2).
- Any of the Services can be done only under written confirmation and agreement sent by our client by fax or
e-mail.
- 4 Terms of payment
- The Service Provider has to receive at least 15% deposit of the total payment within three (3) days after sending the written confirmation of bloking Services. The remaining balance (85%) must be forward to the Service Provider at least 30 days before the arrival date and it covers all costs of the services booked by you like hotels, transportations, driver, guides and entries on your tour.
- If a final payment is delayed more than 7 days the Service Provider has a right to cancel th Client’s Services, in that case the Client’s first deposit is non-refundable.
- For reservations made in less than 30 days before arrival the total payment must be done within three days after sending the written confirmation of booking. In case the Service Provider does not get the agreed payment from a Client, he will not be bale to use the Service Provider’s
- While making the payment the Client should indicate the particular Services – he wants to pay for.
- For each day of delay the Client is fined with a total of 0,3 % of the agreed payment
- The payments for Services may be done in three ways, and Client will be informed by the Service Provider which way of payment is required to complete reservation of Services (wire transfer, Pay-Pal, or by credit card):
- Credit cards – Payment regulations:
- Client can use credit card (Visa, Mastercard, Dinners Club, JCB) to pay for Services and your bookings on our web site.
- The Service Provider’ secure payment system is operated by Dotpay S.A company, located in Poland, and is a fully secure system (more information you can find also at http://www.dotpay.pl/en/) the Service Provider haS also another payment system operated by Elavon – http://www.elavon.com/ and it is also useful for payments by JCB and Dinners credit cards.
- the Service Provider never ask Clients for their credit card details.
- The final amount to pay is given in PLN (Polish zloty) and/or in USD (US Dollars), and also description of services included in the price is always set and confirmed by the Service Provider before Client will be asked to make a payment. Prices given on our website are given in PLN and in USD, according to the current exchange rate.
- Any refund (if occurs) is always initially set between the Service Provider and Client. Next, a set amount is sent back to our Client’s credit card account – the same which was used to make a payment.
- Any payment, refund, price change must be always reconfirmed both by Client and the Service Provider by e-mail, or fax
- Neither the Service Provider nor Dotpay S.A nor Elavon is responsible for our Client payment, if it is refused by Client bank or credit card company and can not be accepted by Dotpay or Elavon system.
- Paypal system payments
- For any payment done by paypal by Clients, the Service Provider has to add 2 % to the total amount due to extra Paypal system commission.
- Bank transfers
- In the case of payment by bank transfer, the Client will be provided with the Usugor’s bank account number for payment.
- Bank transfer can be made in the following currencies: PLN and USD.
- 5 Cancellation
- The Client is obliged to accept all financial responsibility for transactions made under the Client name or account.
- If the Client cancels a reservation, the Service Provider charges for cancellation according to the following rules:
- more than 30 days before the arrival date – a charge of 15 % deposit paid.
- 30 – 25 days before the arrival date – a charge of 20 % of the total price of your tour costs.
- 26 – 16 days before the arrival date – a charge of 50 % of the total price of your tour costs.
- 15 – 8 days before the arrival date – a charge of 75 % of the total price of your tour costs.
- 7- 4 days before the arrival date – a charge of 90 % of the total price of your tour costs.
- less than 4 days before the arrival date – a charge of 100 % of the total price of your tour costs.
- Other cancellation rules may be applied only by providing a written confirmation by both sides.
- 6 Unforeseen events
- In the case of partial or complete non-fulfillment, caused by unforeseeable events such as fire, war, natural disaster, or any other acts of God, as well as legal actions taken by the state, which may have an impact on the fulfillment of the contract, the parties are not responsible for any agreement.
- In the event of unforeseen forces our company reimburses all the funds except for its actual expenses incurred till the moment they have occurred. The Party (our company or a client) which is unable to fulfill its responsibilities because of the unforeseen forces is obliged to inform the other party within 3 days from the occurrence of the event. In case of not informing the other party about the unforeseen event, the agreement remains uncharged and the liabilities mentioned above will not be released in any booking and cancellation conditions.
- 7 Liability
- The Service Provider stipulates that use of the Service is solely at the expense and risk of the Client.
- The Service Provider assumes no responsibility for the content of the Service by the Client.
- The Service Provider is not responsible for damages resulting from the use of the Service by Clients in
a manner inconsistent with the law or the Regulations. - The Service Provider is not responsible for the content of websites located on other domains, not owned by the Service Provider, to which links are included in the Service.
- Photos and materials posted on the Site are for illustrative purposes only, and therefore the actual appearance of the presented objects may differ from the above-mentioned formats.
- The Service Provider shall not be liable for damages resulting from situations or circumstances relating to the Client and preventing the implementation of the Service, as well as lack of passport, failure to familiarize with the information provided to the Service Provider, and also unresponsiveness to contact attempts on the part of the Service Provider.
- The Service Provider is not responsible for the use of third-party data by the Client without their consent or knowledge.
- Each of our clients is protected by an insurance guarantee issued by AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A (Uniqua), guarantee number 1134038906.
- The Service Provider also pays appropriate insurance for each of our clients to the Tourist Guarantee Fund, which also guarantees our clients additional protection in the event of bankruptcy of the company. In this case, please contact the In this case, please contact the Marshal’s Office of the Silesian Voivodeship – https://www.slaskie.pl/content/kontakt.
- 8 Complaint procedure
- Complaints regarding the Services provided by the Service Provider under these Terms and Conditions may only be filed by the Client in writing, at the Client’s choice: by letter to the company’s address (Service Provider: Twardowskiego 8 Street, 44-180 Toszek, Poland) or by e-mail to: office@greetingsfrompoland.com
- The Client may file a claim, which is meant the submission of a claim, no later than 3 years from the end of the tourist event or the completion of the other service provided. Upon the expiration of this period, claims shall become time-barred, unless a different period is set by law.
- In any case, a properly submitted claim should include:
- identification of the Client (name, surname, mailing address, e-mail address, contact telephone number);
- description of the service, etc.;
- the subject of the complaint with a detailed description of the objections and circumstances
- possible attachments documenting the facts in question (the matter in question);
- expected actions, solutions.
- Lack of elements submitted claim may lengthen the complaint process, involve the need to supplement the data, and in extreme situations – prevent substantive consideration of the application.
- The Service Provider will make every effort to ensure that complaints are considered promptly, and a response will be provided within no more than 30 days from the date of receipt of the letter.
- The Service Provider’s decision regarding the submitted complaint will be delivered by e-mail.
- Submission of a complaint in the manner described above does not deprive the Consumer of the right to use out-of-court dispute resolution, including electronically through the European Union ODR online platform available at: http://ec.europa.eu/consumers/odr/.
- 9 Final provisions
- The Service Provider shall have the right to amend these Terms and Conditions for important reasons to the extent permitted by applicable law, in particular in the event of changes in the law or the technologies used by the Service, subject to the preservation of the Client’ acquired rights.
- Any comments, questions, opinions and, requests regarding the operation of the Website and the Services provided by the Service Provider may be directed by the Client to the email address office@greetingsfrompoland.com.
- Any disputes which cannot be resolved amicably, arising under the provisions of these Terms and Conditions or related to the use of the Service, will be considered by the Polish common court of law with jurisdiction over the Service Provider.
- The provisions of these Terms and Conditions do not violate any mandatory provisions of law. If any provision of the Terms and Conditions is found to be invalid, the remaining provisions shall remain in force.
The Terms and Conditions are effective from the date of publication until further notice.