DOCUMENTS
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TERMS AND CONDITIONS OF CZARTERJACHTUNAJEZIORAKU.PL
§ 1
Definitions
Administrator: Kamila Wierzbicka running a business under the name: Biwu Kamila Wierzbicka based in IÅ‚awa, 14-200 IÅ‚awa, ul. Wiejska 9 lok. 42, with NIP: 7441766640, REGON: 385840820,
Regulations: these Regulations czarterięćtunajezioraku.pl,
Website: run by the Administrator, on the terms set out in the Regulations, the Yacht reservation system, available in the domain czarterelkitunajezioraku.pl,
Client: the entity that makes the Reservation via the Website, on the terms set out in the Regulations; The client may be a natural person who is 18 years of age, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity,
Reservation: the procedure for concluding a Charter Agreement within the Website,
Charter Agreement: a yacht rental agreement concluded between the Customer and the Shipowner, the content of which is attached on the Download subpage (template of the charter agreement),
Advance payment: a specific amount of money required in the Booking process, credited towards the Charter Price,
Charter Price: remuneration for the rental of the Yacht in the amount specified in the Charter Agreement,
Shipowner: the owner or other person with the right to rent the Yacht, who offers its rental as part of the Website on the terms set out in the Offer and the Charter Agreement,
Yacht: a vessel with the parameters and standard indicated by the Shipowner in the Offer,
Offer: a proposal to conclude a Charter Agreement on the terms specified by the Shipowner using and using the functionalities available on the Website, specifying the Charter Price and containing a description of a given Yacht.
§ 2
General provisions
These Regulations define the terms and conditions of using the services provided electronically by the Administrator as part of the Website.
In order to make a Reservation, the Customer should have a device connected to the Internet and equipped with a standard web browser, an active e-mail address and an active telephone number. All communication with the customer will take place via the e-mail address and telephone number provided by the customer.
§ 3
Making a reservation and using the Website
In order to make a Reservation, select an Offer, then go to the reservation form, provide correct and complete data required in the form, and then make an Advance Payment in the amount indicated in the Offer.
Correct booking results in the conclusion of the Charter Agreement on the terms according to the template of the Charter Agreement attached to the Offer. The above means that from that moment the Client has concluded a Charter Agreement with the Shipowner.
The reservation is confirmed by generating and sending:
to the Customer - to the indicated e-mail address of the Booking confirmation with information about the selected Offer, booking number, confirmation of the advance payment, place and date of receipt of the Yacht and contact details of the Shipowner,
to the Shipowner - e-mail and SMS messages with information about the reservation and contact details with the customer.
The Administrator is authorized by the Shipowners to make Reservations and collect the Advance Payment. The remaining amount due to the implementation of the Charter Agreement, the Client is obliged to pay directly to the Shipowner, on the terms and within the time limits specified in the Charter Agreement.
§ 4
Yacht pickup
The Customer is obliged to collect the Yacht on the date and time indicated in the Booking confirmation.
When booking a Yacht for which, as described in the Offer, permissions are required, the Customer or the person designated by the Customer to operate the Yacht should have appropriate and current documents confirming sailing or motor-boating qualifications at the time of its receipt.
The Administrator shall not be liable in the event of a refusal to hand over the Yacht by a person acting on behalf of the Shipowner due to the Customer's failure to present appropriate documents such as an identity card, confirmation of the Booking or by the Customer or a person designated by him - a document confirming the relevant sailing or motorboat licenses.
§ 5
Opinions and ratings
The Administrator provides customers with the option of publishing opinions and evaluating the Offer used on the Website. The published opinions should be consistent with the actual course of the Charter Agreement, including the actual functionality of the Yacht's equipment and may not include:
profanity, obscene content or inciting to spread racial, religious or ethnic hatred, promoting violence, inciting to commit a crime, as well as vulgar content, generally recognized as morally reprehensible and socially inappropriate,
content that violates personal rights, as well as unauthorized use of someone else's image,
personal data or contact details,
advertising content, including website addresses.
The administrator does not interfere with the content of published opinions, however, prior to publication, he reserves the right to moderate or remove them in justified cases, when:
violate the rules set out in the Regulations or legal provisions,
were issued by mistake, if their content clearly indicates a mistake,
the text of the comment contains characters that make it unreadable.
§ 6
Termination of the charter contract
The Customer may withdraw from the Charter Agreement without incurring additional costs, unless the Charter Agreement, subject to applicable law, provides otherwise. Withdrawal from the Charter Agreement or its termination takes place on the terms specified in the Charter Agreement or generally applicable law.
By making the Reservation, the Customer accepts the conditions specified by the Shipowner regarding the cancellation of the reservation (withdrawal from the Charter Agreement) and no-show for the collection of the Yacht. For each Offer, the conditions for withdrawing from the Charter Agreement may be different and the nature of the Advance Payment may be different. The advance payment made is an assurance of the performance of the Charter Agreement and if the Client withdraws from the Charter Agreement (cancels the Reservation), he may not be entitled to a refund of the Advance Payment - also in accordance with generally applicable laws. The shipowner may deduct the amount from the Advance Payment to cover the damage or costs resulting from the resignation from the performance or non-performance of the Charter Agreement by the Customer. At the same time, we would like to inform you that due to the nature of the service related to leisure, if the contract specifies the day or period of service provision, even if you are a consumer, you do not have the right to withdraw from the distance contract for yacht charter (Article 38 (12) of the Act of 30 May 2014 on consumer rights), which means that you may not be entitled to a refund of the Advance Payment.
The Shipowner may withdraw from the Charter Agreement only on the terms specified in the Charter Agreement and in accordance with generally applicable law.
§ 7
Payment
The customer makes an advance payment through the payment operator PayU SA based in Poznań, whose services are made available on the Website, or directly to the bank account indicated by the Administrator. After being redirected to the payment operator's website, in order to make a payment, the Customer should follow the payment service's messages.
The moment of making the advance payment is the moment the Administrator receives the funds to the indicated account or receives a message from the payment operator about the payment being credited.
The Administrator is authorized by the Shipowners to make Reservations and collect the Advance Payment. The remaining amount due to the implementation of the Charter Agreement, the Client is obliged to pay directly to the Shipowner, on the terms and within the time limits specified in the Charter Agreement.
The deposit for the Yacht is transferred directly to the Shipowner on the day of receiving the Yacht.
Fees for additional services, i.e. not covered by the Yacht Charter Agreement (e.g. parking fee, additional payment for keeping animals on the Yacht, fee for the helmsman, cleaning the Yacht), are settled at the place of receipt of the Yacht by the Customer.
The prices quoted on the Website are net prices in Polish zlotys (PLN), to which 23% VAT is added. The customer may ask the shipowner to issue an appropriate VAT invoice.
§ 8
The role and responsibility of the Administrator
The administrator presents the information he receives from Shipowners. Shipowners are required to update all information that appears on the Website. The Administrator makes every effort to provide the services with the utmost care, but is not able to check and guarantee that all information provided by the Shipowners is accurate, complete and correct. The Administrator is not responsible for the reliability of the Offers, their correctness and completeness.
The Administrator provides the Customers with the Website enabling the conclusion of the Charter Agreement, but is not responsible for the behavior of the Customer or the Shipowner, or for non-performance or improper performance of actual or legal actions by them in connection with the concluded Charter Agreement. The Administrator is not a party to the Charter Agreement. The Administrator is not responsible for the consequences of actions taken by the Customer, the Shipowner and third parties, and constituting a breach of the provisions of the Regulations. The Administrator is not responsible for the ability of the Customer or the Shipowner to be the subject of legal actions.
The administrator provides clients with his contact details in order to enable clients to quickly and effectively communicate in the scope covered by the services provided, the Offer and the Charter Agreement.
§ 9
The role and responsibility of the Shipowner
Responsibility towards the Client for the performance of the Charter Agreement shall be borne by the Shipowner being a party to the Charter Agreement.
The shipowner is fully responsible for the content of the Offer. The shipowner is responsible in particular for:
a reliable Yacht Offer on the Website, in particular for the truthfulness and compliance with legal requirements, including the inclusion of information required by consumer protection regulations, the correctness of parameters and data regarding the standard of the Yacht, Charter Price, availability, standard and timeliness of the photos of the Yacht posted on the Website ,
the Yacht having insurance, a valid safety card (if required) or other necessary documents, tests, authorizations and approvals required to perform the sailing under the Charter Agreement,
the Yacht having, during the Charter Agreement, basic equipment required by applicable law,
timely delivery of the Yacht to the Client.
Investigating and satisfying the Client's claims against the Shipowner takes place taking into account the conditions specified in the Charter Agreement and on the basis of generally applicable laws.
§ 10
Actions not allowed
The Customer is obliged to refrain from any illegal activities, in particular from using the Website directly or indirectly for purposes contrary to the law, in order to violate the law, from using the Website in a manner inconsistent with the Regulations, decency or generally accepted principles using the Internet in a way that violates the rights of the Administrator, other Customers, Shipowners or third parties, in particular by providing false or misleading data, impersonating other entities, abuse of rights or failure to comply with the obligations of having rights, as well as providing data causing work disturbance, overloading IT systems or unauthorized modification of data contained in the Website.
It is forbidden to use the graphic elements of the Website, the layout and composition of websites, graphic elements, as well as other intellectual property rights, without the express written consent of the Administrator. It is forbidden to aggregate and process data and other information available on the Website in order to make them available to third parties on other websites as well as outside the Internet.
§ 11
Data protection and confidentiality
The administrator of personal data is: Kamila Wierzbicka running a business under the name: Biwu Kamila Wierzbicka with its registered office in IÅ‚awa, 14-200 IÅ‚awa, ul. Wiejska 9 lok. 42, with NIP: 7441766640, REGON: 385840820.
The personal data provided by customers is collected and processed by the Administrator in accordance with applicable law, the Privacy Policy and the Cookies Policy. The Administrator's priority is to ensure the confidentiality and security of clients' personal data.
Customer data may be transferred to third parties if it is necessary for communication purposes, the conclusion or performance of the Charter Agreement or it results from applicable law. The Customer authorizes the Administrator to transfer his data to the Shipowner in connection with the conclusion of the Charter Agreement, for the purpose of its implementation.
The customer has the right to access the processed personal data at any time, as well as the right to correct them and request their removal from the account database.
Providing personal data as part of using the Website is voluntary, however, it is necessary to provide services, in particular to conclude a Charter Agreement and make a Reservation.
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§ 12
Complaints
The administrator makes every effort to ensure that the services provided are of the highest quality. The Customer may submit a complaint if the services provided by the Administrator provided for in these Regulations are not performed by the Administrator or are performed contrary to the provisions of the Regulations.
Complaints relating to improper performance of the Charter Agreement by the Shipowner should be directed only to the appropriate Shipowner. Complaints are considered by the Shipowner on the terms set out in the terms of the Charter Agreement, in accordance with the principles applied by them and the applicable legal regulations.
Complaints about the Administrator's services may be submitted to the following e-mail address: czarterelkitunajezioraku@gmail.com or in writing to the Administrator's address: 14-200 IÅ‚awa, ul. Wiejska 9 lok. 42.
A correctly submitted complaint regarding the Administrator's services should contain at least:
Customer designation (name, surname or name, address of residence or registered office and e-mail address),
the subject of the complaint,
circumstances justifying the complaint.
The administrator recognizes the complaint within 14 days from the date of its receipt. The response to the complaint is sent to the e-mail address provided by the customer.
§ 13
Final Provisions
The Administrator may change the Regulations or launch a modified or new version of the services provided on the Website. The change becomes effective on the date indicated by the Administrator, which may not be shorter than 10 days from the moment the amended Regulations are made available on the Website, with the proviso that Reservations submitted before the entry into force of the changes are carried out on the basis of the existing rules.
The provisions of these Regulations in the relationship between the Administrator and the Customer who is a consumer do not infringe applicable law, the application of which cannot be excluded, and which grant consumers wider protection.
The Administrator is not responsible for technical problems preventing the provision of services on the Website due to force majeure, events for which the Administrator is not responsible, e.g. as a result of the actions of third parties or the Customer. The Administrator has the right to temporarily cease the provision of services caused by interruptions for maintenance, temporary or partial failures in the operation of the Website, remove faults, modernize and change the graphic design of the Website.
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