§1 Definitions
The terms used in these Terms and Conditions have the meanings as follows:
1) Seller – VABO TRAVEL Sp. z o.o., with its registered office at SZLAK 77/222, 31-153 KRAKÓW, MAŁOPOLSKIE, NIP: 6762599240, REGON: 389263531.
2) User – service recipient, entrepreneur or consumer, buyer, anyone who uses the Services made available through the Service by the Seller.
3) Service – a system of internet applications constituting a collection of static and dynamic documents containing files, including graphic files, scripts, and other elements of the collection connected by mutual relationships made available under the domain soultrip.pl.
4) Services – the performance of services without the simultaneous presence of the parties by transmitting data on an individual request of the User, transmitted and received using electronic processing and data storage devices, which are entirely sent and received or transmitted via the Internet network, including real-time online communication e.g., providing consultations, advice.
5) Confirmation of Execution – notification to the User at the address provided by them by the Seller about the acceptance of the offer and the execution of the order containing the confirmation of the offer (contract) content, including the price, details concerning the Service.
§2 General Provisions
1. The owner of the Service is the Seller.
2. The Terms and Conditions specify the types and conditions of providing Services by the Seller and the rules for using the Service, as well as the conditions for concluding and terminating contracts, and the complaint procedure.
3. The Terms and Conditions are available on the Service in a form that allows downloading, saving, and printing.
4. Should there be a need to change the Terms and Conditions, the Seller will provide its new version on the Service, about which the User will be notified by posting the content of the Terms and Conditions and the provisions that have changed on the main page of the Service. The Terms and Conditions in the amended version will come into force no earlier than 14 days after the day of providing its new version and posting information on the Service about the change. Registered Users will additionally be informed by email about the change in the Terms and Conditions at least 14 days before the changes take effect. If a User who does not accept the change of the Terms and Conditions is required to inform the Seller about the lack of acceptance within 14 days from the date on which the information was introduced to the electronic communication medium in such a way that the person could familiarize themselves with its content. The Terms and Conditions in force on the day of the contract apply to Providing Services.
5. It is prohibited for the User to provide content other than specified in the Terms and Conditions, advertising or unlawful in nature, and to undertake actions that may cause faulty operation of the Service. In case the Seller receives a notification or credible information about the unlawful nature of the data provided by the User, the Seller may prevent access to this data.
§3 Type and scope of activity
The Seller conducts activities consisting of providing Services through the Service in the form of content transmitted and received using devices and programs enabling remote communication of content transmitted and received using the Internet network, including organizing tourist events.
§4 Conclusion of the Contract
1. Information posted on the Service does not constitute an offer to conclude a contract regarding the Services offered therein, but only an invitation to submit offers.
2. Acceptance of the invitation to conclude a contract takes place by placing an order, as mentioned in §5.
3. By properly placing an order, the User submits to the Seller an offer to conclude a contract. The offer binds the User for 7 days from the moment of receiving confirmation of receipt of the offer at the address provided by the User. Confirmation, as mentioned in clause 4, does not constitute acceptance of the offer; it is only the Confirmation of Execution, which should be sent immediately. If the Seller does not send the Confirmation of Execution to the address provided by the User within 7 days from the moment the User receives the confirmation of receipt of the offer, the offer expires.
4. The moment of conclusion of the Contract is the moment when the User receives the Confirmation of Execution.
5. The Contract comes into effect at the prices and on the terms that were in force at the moment the User’s offer, which was subsequently accepted by the Seller, was made.
6. If the service involves transmitting and receiving content using devices and programs enabling remote communication of content transmitted and received using the Internet network, the contract is concluded at the moment the User expresses their will to join the receipt of the service, which occurs by clicking the “I Accept” button.
§5 Placing an Order
1. Placing an order occurs by:
a) selecting the travel destinations offered in the Service;
b) properly filling out the order form.
c) in the case of joining the receipt of the service online, as mentioned in § 4 clause 7, placing an order occurs at the moment the User expresses their will to join the receipt of the service, which occurs by clicking the “I Accept” button.
§6 Execution of the Order
1. The order will be executed within 60 days from the day of concluding the contract, unless the Terms and Conditions state otherwise. In the case of joining the receipt of the service online, as mentioned in § 4 clause 7, the execution of the order takes place immediately after placing the order. Detailed rules for executing orders for specific Services.
2. If it is not possible to execute the order within the time specified in these Terms and Conditions due to the unavailability of the Service, the Seller will immediately notify the User by phone or by email. If the User does not accept the changed order execution date, everything that the Parties have provided so far will be returned unchanged, and neither Party will raise any claims against each other due to the lack of order execution.
§7 “Delivery” of the Service
1. The ordered Services will be delivered in the manner indicated in the order form, as mentioned in § 5 clause 1, that the method of their delivery results from the specificity of the provided Service. In the latter case, delivery takes place in a manner appropriate for the particular Service.
2. The User gains access to the ordered Service by sending data necessary to use the Service through a form sent by the Seller.
§8 Withdrawal
1. The User who is a consumer may, without giving any reason, submit an appropriate declaration in writing to the Seller’s address within fourteen days from the day of issuing the Goods, and if the contract concerns the provision of a Service – from the day of its conclusion. To comply with this deadline, it is sufficient to send the declaration before its expiration.
2. In the situation specified in clause 1, the User returns the Goods or what the Seller has provided so far. The Seller will immediately, no later than within 7 days from the day of receiving the User’s declaration of withdrawal from the contract, as mentioned in clause 1, return the paid money in the manner indicated by the User.
§9 Technical Requirements
1. To use the Service, it is necessary to:
a) have an Internet connection,
b) have a web browser,
c) have Cookies and JavaScript enabled
2. If the User uses equipment or software that does not meet the technical requirements specified in clause 1, the Seller does not guarantee the proper functioning of the Service.
§10 Cookie Policy
1. The Seller places cookies on the User’s end device and accesses them. No other data is automatically collected by the Service.
2. Cookies are informational data, small-size files that are saved and stored on the User’s end device while visiting websites. These data usually contain the name of the website they come from, the duration of existence, and a randomly generated, unique number used to identify the browser from which the connection with the website is made.
3. The web browser typically allows by default the storage of cookies on the User’s end device. The User may change the cookie settings at any time. The User may, in particular, change the web browser settings by blocking the automatic handling of cookies or by setting to inform about their placement on the User’s device each time. Detailed information on the possibility and ways of handling cookies is available in the browser settings.
4. By using the Service, the lack of settings in the web browser disabling the use of cookies, and clicking the “Ok” option after familiarizing oneself with the message about the use of cookies by the Service, consent is expressed to the installation of cookies on the User’s end device.
5. If the User does not agree to the use of cookies by the Seller, they should change their browser settings, as mentioned in clause 2, or refrain from using the Service. Cookies are used for the purpose of:
a) adjusting the content of the Service’s pages to the User’s preferences and optimizing the use of websites; cookies allow recognizing the User’s device and properly display the website, tailored to their individual needs
b) creating statistics that help understand how users use websites, which allows improving their structure and content
c) delivering advertising content more tailored to the User’s interests.
6. Cookies can be collected on the User’s end device and then used by advertisers cooperating with the service, research companies, and application providers
§11 Payments
1. The User is obliged to pay for the ordered Service.
2. The price and other essential conditions related to the Service are each time given in the description published on the Service’s pages. Prices include all taxes and additional charges.
3. The User is entitled to make a prepayment of the Price due.
4. If the User does not take advantage of the option specified in clause 3, payment is made at or after the delivery of the Service or issuing an invoice or bill in one of the ways indicated in clause 5 of this paragraph.
5. Payment is possible in the form of:
a) cash;
b) transfer to an account in Polish zloty: 28109000880000000148230646 or euro: 14109000880000000148230704.
c) For the placed order, payment can be made through the payment platform Stripe (which has the option of payment using Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, Blik, Instant Transfer, and Traditional Transfer).
6. The amounts indicated on the Service are gross prices, which means that they include the value-added tax VAT.
7. The User agrees and authorizes the Seller to issue a VAT invoice without the recipient’s signature and to issue an e-invoice.
8. If the User requests in the order form to issue a paper invoice, they are required to provide the necessary data required for issuing the invoice.
§12 Complaint Procedure
1. The User may submit complaints regarding the Services in writing, in one of the following ways:
– written declaration of intent, confirmed by a handwritten signature, sent to the address Szlak 77/222,
– a declaration of intent in electronic form signed with a secure electronic signature verified using a valid qualified certificate;
– scan or photo of a signed declaration of intent sent by email to the address vabotrips@gmail.com
2. A properly submitted complaint should contain at least the following data:
– identification of the User (including their name and surname – if provided, postal address, email address, telephone number, and in the case of legal entities, the name, address of the registered office, and contact details of the person authorized to handle matters related to the submitted complaint);
– a description of the problem that is the basis for submitting the complaint.
3. The Seller will consider the complaints within 14 days of their receipt and notify the complainant of the result of the consideration.
§13 Privacy Policy
1. The data controller of personal information provided by Users while using the Service is VABO TRAVEL sp. Z o.o..
2. The Seller will process personal data in accordance with the principles specified in the Act on the Protection of Personal Data, the Act on Providing Services by Electronic Means for purposes related to Providing Services.
3. The Seller will process personal data in accordance with the principles specified in the Act on the Protection of Personal Data, the Act on Providing Services by Electronic Means also for purposes related to direct marketing of its own products and services, as well as for market research.
4. The User hereby expresses their consent and through submitting declarations of consent to the processing of data in the scope indicated in clause 2 and in clause 3, which occurs through the booking form, contact form.
5. The User can use the Service anonymously or using a pseudonym unless providing certain personal data is necessary to Provide the Service.
6. The scope of processed personal data includes in particular the following personal data of the User: first and last name, date of birth, place of birth, citizenship, address (residence), email address, PESEL number, phone number, company name in the case of individuals conducting business activity, and for accounting purposes – Tax Identification Number, address, including email address, phone, fax.
7. The Seller is also entitled to process other than those indicated above in clause 3 personal data of Users if they are necessary to execute the order. In such a case, these data will be each time clearly marked as data necessary to execute the order.
8. The User expresses consent and provides their email by this means and through submitting a declaration of consent which occurs through the booking form.
9. If the Service were used in a manner contrary to the law, the Seller has the right to process the personal data of the User to the extent necessary to determine their liability. The Seller will notify the User of unlawful actions with a demand for their immediate cessation and about the processing of personal data in the above-specified purpose. 10. Personal data collected by the Seller may also be made available:
a) to appropriate state authorities at their request based on the relevant legal provisions,
b) to other persons and entities – in cases provided by law.
11. The Seller provides appropriate technical and organizational measures ensuring the security of personal data provided by Users, in particular preventing access to them by third parties or their processing in violation of the law, preventing the loss, damage, or destruction of data.
12. The User has the right to:
a) access their personal data, the right to supplement, correct, and update the content of the data by communicating with the Seller;
b) request temporary or permanent suspension of the processing of personal data or their deletion, if they turn out to be incomplete, outdated, untrue, or collected in violation of the law, for this purpose a letter should be sent by registered mail to the address of the Seller’s registered office;
c) object to the
processing of their personal data – in cases provided by law – and the right to request their deletion when they become unnecessary for the purpose for which they were collected, for this purpose a letter should be sent by registered mail to the address of the Seller’s registered office.
d) After the User stops using the Service, the Seller will not process the personal data listed in clause 6, except for those data that are: allowed to be processed based on legal provisions or a contract, necessary to clarify the circumstances of unlawful use of services. In such a case, the Seller will delete all markings identifying the User and the termination of the telecommunications network and the information technology system from which the User used, unless the User agrees not to delete these markings.
e) Data, as mentioned in clause 8, will be processed only to the extent necessary to execute the order and after its completion will be promptly deleted by the Seller.
§14 Intellectual Property
1. The Seller declares that in connection with or execution of services for the User (realization of the order) provides the User with content protected by intellectual property rights, in particular works protected by copyright law.
2. The User is obliged to comply with intellectual property law. In particular, all copying, making changes, and public reproduction of the provided content without the written consent of the User is prohibited unless it results from separate agreements or absolutely binding legal provisions.
§15 Final Provisions
1. The Seller has the right to block access to the Service or its part for important reasons, including in particular in the event of detecting irregularities in the use of the Service, or the occurrence of circumstances that could harm the User or the Seller.
2. The User does not provide a guarantee that the use of the Service will be flawless.
3. Regarding the information presented as part of the Service, which has been posted or provided by third parties, the Seller is not responsible for the currency, accuracy, or completeness of this information, as well as for its usefulness for any actions of the User.
4. The Seller is also not responsible for the use of the Service by the User in a manner contrary to the provisions of the Terms and Conditions, applicable legal provisions, or the provisions of agreements in force between the Seller and the User.
5. The User is responsible for all consequences resulting from the incorrect filling out of forms available on the Service, in particular resulting from providing incorrect or untrue data by the User.
6. The provisions of the Terms and Conditions do not infringe on the possibility for Users who are consumers to invoke absolutely binding legal provisions regulating the protection of consumer rights.
7. In matters not regulated in the Terms and Conditions, the provisions of Polish law apply appropriately, including the Act of 23 April 1964 – Civil Code and the Act of 18 July 2002 on Providing Services by Electronic Means, as well as other applicable legal provisions.
8. Disputes arising from the interpretation or execution of the Terms and Conditions will be settled by the court according to the provisions of the law.