Terms and Conditions

Dear Customer!

We are very pleased that you decided to cruise with us!

Please read the following Terms and Conditions and service rules that apply to you and us.

Remember also that if you have any questions or concerns, you can contact us through the details indicated in the Terms and Conditions.

Table of contents:

  1. GENERAL PROVISIONS AND CONTACT DETAILS
  2. DEFINITIONS
  3. TECHNICAL REQUIREMENTS
  4. PRODUCTS AVAILABLE IN THE SHOP
  5. PLACING AND PROCESSING ORDERS
  6. PRODUCT PRICES AND FORMS OF PAYMENT
  7. DELIVERY/COLLECTION OF TICKETS/PRODUCTS – COSTS, FORMS AND DATES
  8. SERVICES PROVIDED ELECTRONICALLY
  9. PROVISION OF THE SERVICE – TRANSPORT CONDITIONS
  10. LIABILITY OF THE PARTIES
  11. COMPLAINTS
  12. WITHDRAWAL FROM THE CONTRACT, OPERATIONS RELATING TO PURCHASED TICKETS
  13. PROVISIONS RELATING TO PROFESSIONAL TRADERS
  14. PROVISIONS RELATING TO TRADERS ON THE RIGHTS OF THE CONSUMER
  15. PERSONAL DATA AND COOKIES
  16. OUT-OF-JUDICIAL METHODS OF RESOLVING DISPUTES AND RESOLVING CLAIMS BY THE CONSUMER
  17. OPINIONS – OPERATION WITHIN THE STORE
  18. DEFINITIONS, PROCEDURES, OBLIGATIONS AND RIGHTS RELATING TO DSA
  19. FINAL PROVISIONS
  20. APPENDICES AND SPECIMEN FORMS

§1 GENERAL PROVISIONS AND CONTACT DETAILS

  1. The Internet Shop is available in the domain https://statek-krakow.pl and on relevant subpages after registration and is run by the Shipowner.
  2. In the event of a complaint regarding a placed Order, please contact the Shipowner using the following contact details:
    • phone number: +48 604-299-000
    • e-mail address: info@statek-krakow.pl
    • contact form available within the framework of the Store or chat (if any), in accordance with the rules contained further in these Terms and Conditions.
  3. The Customer may communicate with the Shipowner using an e-mail address, contact form or chat (other online messenger) available in the Store (if available). These measures guarantee the preservation of written correspondence (documentary form) between the Customer and the Shipowner, maintaining the date and time, meet the requirements of a durable medium and enable quick and effective contact between the Customer and the Shipowner.
  4. The addresses of the check-in points, and thus the start of the Cruise, are indicated each time in the description of a given Cruise.
  5. The Shipowner provides the sale of Products/Services for passenger inland waterway transport related to the transport of persons in accordance with these regulations and relevant legal provisions, mainly in the form of walking and sightseeing cruises, other than journey cruises, and/or vessels where the crew responsible for the operation of the ship consists of no more than 3 persons or the distance over which the total passenger transport service is performed is less than 500 meters in one direction.
  6. The Shipowner makes the current Cruise Pricelist available on the web page of the webshop and on the relevant Vessel.
  7. The Shipowner provides the interested parties with free access to the terms and conditions concerning transport on a Vessel and by indicating a hyperlink in these regulations in §2 sections 28 and 29.
  8. The Shipowner keeps the relevant safety documents or certificates of seaworthiness issued to him on board a Vessel in accordance with the relevant regulations, in particular the Act on Inland Waterway Transport.
  9. The rules of using and placing Orders, concluding Product Contracts and making complaints within the frame of the Store are specified in these Terms and Conditions.
  10. The Shipowner provides the Customer with the Terms and conditions free of charge before using the Online Store. The Customer may record the content of the Terms and Conditions in a convenient manner, e.g. by recording on a durable medium or printing. The Regulations are also available on the Ship from the Shipowner in physical form for inspection. Each Passenger has the opportunity to read it.
  11. The condition of using the Shop and concluding the Contract is the acceptance of the provisions of these Regulations. By accepting them, the Customer agrees to all their provisions and undertakes to abide by them.
  12. Prices given in the Shop are given in Polish zlotys and are gross prices (VAT included).
  13. For the avoidance of any doubt, an Order sent by the Customer is considered to be an offer within the meaning of Articles 66 and 661 of the Civil Code, the content of which is supplemented by the provisions of the Rules, and the Contract is concluded at the moment when the Shipowner’s declaration of acceptance of the Order is sent to the Customer electronically.
  14. Information about Products given on the web pages of the Store,
    in particular their descriptions, technical parameters and prices, do not constitute an offer
    within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  15. During the use of the Shop it is forbidden to provide information of an unlawful nature and, in particular, it is forbidden:
    • to send and place within the Shop spam
    • to provide and transfer content prohibited by law, in particular within the forms contained in the Shop;
  16. It is mandatory to:
    • Use the Store in a manner consistent with the Terms and Conditions and the law;
    • Use the Store in a manner that does not interfere with its operation;
    • Use any content posted on the Store’s web pages for personal use only, in accordance with the licence granted (if any).
  17. It is not permissible to use the resources and functions of the Online Store for the purpose of carrying out activities by the Customer that would be detrimental to the interests of the Shipowner. In particular, it is not allowed to resell the Products ordered through the Store to third parties without the consent of the Shipowner.
  18. The Customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
  19. The shipowner transports passengers by inland waterway within the meaning of Art. 3(i) of Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of November 24, 2010 on the rights of passengers traveling by sea and inland waterways and amending Regulation (EC) No. 2006/2004 (OJ EU L 334 of 17/12/2010, as amended, hereinafter referred to as the Regulation), however, the provisions of the Transport Law or the above-mentioned Regulation do not apply to its activities due to exclusion contained in Art. 1 section 4 of the Transport Law in connection with Art. 2 section 2(b) and (c) of the Regulation.
  20. Other definitions, procedures, obligations and rights under the Digital Services Act – DSA are described in 19 of these terms and Conditions and are an integral part thereof.

§2 DEFINITIONS

The terms used in the Terms and Conditions shall mean:

  1. Shipowner or Controller – Krystian Kapusta running a business under the name Aqua Fun Krystian Kapusta, at Bulwar Czerwieński plot no. 172/7, 31-069 Kraków, TAX ID: 6791224838 in accordance with the document generated from the Central Registration and Information on Economic Activity system.
  2. Customer – a natural person, a legal person or an organisational unit that is not a legal person but to which special regulations grant legal capacity, placing an Order at the Shop and making purchases via the Shop.
  3. Consumer – a natural person concluding a contract with the Shipowner within the Shop, the subject of which is not directly related to his economic or professional activity.
  4. Entrepreneur on the rights of a consumer – Entrepreneur placing an Order for Products, Digital Content or Digital Services related to his economic activity, but not of a professional nature for them, pursuant to Article 7aa of the Consumer Rights Act and Article 3855, Art. 5564 I art. 5565 of the Civil Code Act.
  5. Professional Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Shop, but is not an Entrepreneur on the rights of a consumer.
  6. Organiser – an entity using the Shipowner’s Services to organise group Cruises for participants cooperating with the Organiser.
  7. Regulations – these Regulations of the Store, also specifying the terms of use of the services provided by the Shipowner, including the Indirect Service, governing the relationship between the Seller as the provider of the Indirect Service and the Recipient of the service referred to in § 19 of the Regulations.
  8. Online Shop or Store – online shop available at https://statek-krakow.pl and on its respective subpages through which the Customer may place orders and purchase certain Products.
  9. Product/Service – products purchased or available in the Store, including services and Tickets. Products are sold for a fee, unless expressly stated otherwise.
  10. Digital Service – a service that allows the Customer to: produce, process, store or access data in digital form or jointly use data in digital form that has been sent or created by the consumer or other Customers of this service, or other forms of interaction using data in digital form.
  11. Digital Content – data produced and delivered in digital form.
  12. Vessel/Ship – a passenger vessel used for passenger transport, which has been entered into the administrative register of Polish inland waterway vessels by the Inland Waterways Shipping Office.
  13. Passenger – a natural person with full legal capacity who purchased the ticket, as well as persons accompanying them. The passenger is considered a consumer within the meaning of the Consumer Rights Act, unless they use the Shipowner’s services as part of their professional or business activity and/or have the status of an Entrepreneur with consumer rights.
  14. Ticket – a bearer document entitling to participate in a cruise purchased directly at the Shipowner, entities cooperating with the Shipowner or through the Shipowner’s website.
  15. Cruise – passenger (person) transport service related to a holiday, the duration of which is specified on the website or in the offer submitted directly by the Shipowner.
  16. Shipmaster – the person responsible for the Ship for the duration of the entire Cruise, in accordance with the provisions of the Inland Navigation Act.
  17. Contract – a contract whose subject is a Product, concluded between the Shipowner and a Customer via the Store, also a Contract of Carriage.
  18. Contract of Carriage – a Contract of Ticket concluded between the Shipowner and a Customer, concerning the carriage of a Customer on a specific route of a Cruise, on a date specified in the Ticket.
  19. Cruise – means a transport service by sea or inland waterway provided solely for pleasure or recreational purposes, in addition to which accommodation and other facilities are provided, and which includes more than two overnight stays on board.
  20. Order – action, declaration of will of the Customer aiming directly at the conclusion of the Product Contract with the Shipowner and fulfilment of the performance for the Customer, under the terms and conditions indicated herein.
  21. Order form – a form of the Shop, by means of which the Customer may place an Order and fulfil the Contract.
  22. Contract for the provision of services – means any agreement other than the Contract, under which the Shipowner provides or undertakes to provide a service, including the Indirect Service to the Customer.
  23. Distance contract– a contract concluded with a Customer within a Shop or a Service, without a simultaneous physical presence of the parties, with an exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  24. Payment operator– PayPro- przelewy24.pl with its registered office in Poznań, ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Division of the National Court Register under KRS number 0000347935, TAX ID number 7792369887, with share capital of PLN 4.500,000.00, fully paid up, and to the register of national payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014.
  25. Proof of payment – an invoice or receipt issued in accordance with the Act on
    tax on goods and services of March 11, 2004 and other relevant provisions of law.
  26. Payment – payment to the Shipowner’s account via the online payment methods available in the Store or payment upon delivery of the Product – depending on the selected payment method and the ordered Product.
  27. Service – a set of cooperating IT devices
    and software, ensuring processing and storage, as well as sending
    and receiving data via telecommunication networks by means of an appropriate
    for a given type of network final device (Internet), including also the Site or its part, the Store or its part and applications including mobile applications and other services of the Shipowner, Social Media and channels of the Shipowner functioning within the scope of these Media.
  28. Working Days – weekdays from Monday to Friday, except public holidays.
  29. Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827 as amended).
  30. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).
  31. GDPR – means the Regulation of the European Parliament and of the Council EU 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  32. DSA – Regulation (IE) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the Digital Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).
  33. Personal Data Protection Act – Act of May 10, 2018. on the protection of personal data (Journal of Laws 2018, item 1000 as amended).
  34. Act on provision of services by electronic meansor UŚUDE – Act of July 18, 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended).
  35. Transport Law– Act of November 15, 1984 – Transport Law (Journal of Laws of 2000, No. 50, item 601 as amended). The current content can be found at the following address (link): https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU19840530272.
  36. Inland Navigation Act – Act of December 21, 2000 on inland navigation (Journal of Laws 2001, No. 5, item 43 as amended). The current content can be found at the following address (link): https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20010050043.
  37. Regulation of the European Parliament and of the Council (EU) No 1177/2010 of November 24, 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (Official Journal of the EU L 334, 17/12/2010, p. 1, as amended).

§3 TECHNICAL REQUIREMENTS

  1. The Customer may use the available functions of the online store in a manner consistent with the Terms and Conditions and applicable regulations and in a manner that does not interfere with the operation of the Online Store and other Customers.
  2. In order to use the Internet shop, including browsing the range of products available in the shop and placing orders for products, the following is required:
    • Internet access from a device making it possible, e.g., a stationary computer, laptop, other mobile device, including equipment enabling communication and filling in the necessary forms as part of the shop, e.g., a working keyboard;
    • properly configured, up-to-date version of Internet browser supporting e.g. cookies, such as Internet Explorer, Opera, Mozilla Firefox, Safari or Google Chrome and enabling web browsing;
    • active and properly configured e-mail account (the Shipowner recommends that the Customer checks whether e-mails with the Shipowner’s domain from his e-mail address do not go to the “spam”, “offer” or other than main “Inbox” folder. The Shipowner has no influence on this as it depends on the settings of the Customer’s e-mail inbox and/or the provider of the e-mail box used).
  3. The Shipowner provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and unauthorized third parties.
  4. The Shipowner takes appropriate actions to ensure the proper functioning of the Store, including: uses appropriate tools to enable this or third-party services.

§4 PRODUCTS AVAILABLE IN THE SHOP

  1. The products available in the Shop are presented in the current range on the Shop’s website.
  2. The specifics of each Product, its composition and characteristics can be found in the descriptions of the Product in the Shop.
  3. Information regarding the availability date of the Products can be found in the Product description or on the appropriate subpage/page with their description or in the regulations or privacy policy communicated separately on the website.

§5 PLACING AND PROCESSING ORDERS

  1. The Customer may purchase directly from the Owner or via the webshop.
  2. When making a purchase via the Online Store, the Customer selects the Product from the appropriate subpage of the Store. The Customer may choose among different Product variants at different prices (if such an option is clearly indicated in the Product description).
  3. After selecting the Product, in order to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Store’s website. The customer should first click on the “Buy ticket” button shown together with the price and product description, as a result of which the selected Product will be added to the shopping cart. Then, they can finalize the order by providing ordering data and finalize the purchase by clicking “Pay for ticket”. Then, the customer can make further purchases.
  4. The Customer can then recalculate the costs of the shopping cart and proceed to payment by clicking on the “Proceed to Checkout” button.
  5. In order to place an Order, it is necessary for the Customer to provide the following data in the forms:
    • name and surname and optionally company name,
    • address (country, street, building number, apartment number, postal code, city),
    • telephone number,
    • e-mail address,
    • day and time of the cruise
    • number of regular and/or reduced tickets purchased
    • acceptance of the Terms and Conditions and Privacy Policy by ticking the box. Acceptance is necessary to complete and finalise the Order.
    • agreeing to the fulfilment of the Order by the Store by clicking the “Pay the ticket” button, which indicates the need to pay
      for the Order.
  6. The Customer may also optionally submit comments on the Order.
  7. In the process of placing the Order, the Customer is also obliged to choose the form of payment for the ordered Products from those currently available in the Store.
  8. When placing an Order and before clicking the “Pay for ticket” button the Customer has the option of modifying the personal data provided by them and the data regarding the Products they have selected, the number of Products (Tickets), as well as the form of payment.
  9. By clicking on the “Pay the Ticket” button, the Customer is aware that the conclusion of the contract results with the obligation to pay the Shipowner.
  10. The Customer’s sending of the Order constitutes the Customer’s declaration of intent to conclude
    a Contract of Carriage with the Shipowner, in accordance with the content of these Regulations.
  11. The Customer makes the payment by choosing one of the forms of payment available
    in the Store, and then makes the payment.
  12. The fact of making a purchase is confirmed by an e-mail sent to the e-mail address given by the Customer in the Order form.
  13. The Contract of Carriage is considered concluded upon the Customer’s receipt of the e-mail mentioned in subparagraph 11 of this paragraph. The contract is concluded in the Polish language in accordance with the Regulations.
  14. The Shipowner reserves the right not to process the Order placed by the Customer in the Online Store in the event of:
    • incorrect/incomplete filling of the Order form (lack of all data needed to process the Order),
    • failure to receive the payment within 24 hours from the date of placing the Order (if the payment option is selected by bank transfer), provided that this payment must be made before the date of the given Cruise indicated on the purchased Ticket.

§6 PRODUCT PRICES AND FORMS OF PAYMENT

  1. Prices of Products placed on the Shop’s website are gross prices
    and include all taxes required by applicable laws (including VAT).
  2. The Shipowner reserves the right to change the prices of Products presented in the Store, introduce new Products, withdraw Products, carry out promotions and give discounts, as well as temporarily offer free Products. The above-mentioned right does not affect Orders placed before the date of entry into force of any of the changes. Details and duration are always included in the description of a given Product.
  3. The Shipowner does not apply mechanisms of individual price adjustment in the Store on the basis of automated decision-making.
  4. The duration of each promotion is limited. Discounts and promotions do not add up.
  5. In each case of informing about a reduction in the price of a Product, next to the information about the reduced price, the Shipowner also displays information about the lowest price of a given Product, which was valid in the period of 30 days before the reduction was introduced.
  6. If a given Product is offered for sale in the Online Store for a period of less than 30 days, in addition to information about the reduced price, the Shipowner also displays information about the lowest price of a given Product, which was valid in the period from the date of offering this Product for sale to the date of introduction of the discount.
  7. The Customer may choose the following forms of payment for the ordered Products:
    • by bank transfer – paid directly to the shipowner’s account. For this purpose, please contact the Shipowner at the contact details given
      in the Regulations;
    • by electronic transfer – paid directly to the Shipowner’s account
      via PayPro- Przelewy24 system – on the transfer, in the field “Title”, please enter at least the Order number;
    • by payment card, directly at the Shipowner – the option available only when purchasing directly at the Shipowner;
    • by cash, directly at the Shipowner – the option available only when purchasing directly.
  8. In the case of electronic payments, the purchased Ticket will be sent to the e-mail address indicated in the Order, after receiving and posting the transfer to the Shipowner’s bank account.
  9. An invoice is issued for the Order (personal or company name, if company details have been provided) in electronic form, at the Customer’s request by entering the invoice data in a dedicated field when placing the Order, to which the Customer hereby consents.
  10. If the Customer needs to issue an invoice or an EU VAT invoice, he should contact the Shipowner, providing his Order number and invoice data.
  11. In the case of Tickets purchased directly (in cash from the Shipowner), the Shipowner will issue an appropriate receipt. A valid receipt allows the Customer to use the Cruise and replaces the Ticket.

§7 DELIVERY/COLLECTION OF TICKETS/PRODUCTS – COSTS, FORMS AND DATES

  1. Tickets purchased directly from the Shipowner are issued in hard copy at the moment of purchase by the Customer.
  2. Purchase and collection of Physical Tickets takes place during the Shipowner’s working hours, i.e. from Monday to Sunday, from 10:00 a.m. to 6:00 p.m.
  3. Tickets purchased online will be shipped immediately, no later than 24 hours from the moment the Order is accepted for execution, i.e. after payment.
  4. It is assumed that the day of payment is the day of crediting the Shipowner’s bank account.
  5. The electronic ticket contains, among other data, the following information:
    • Selected Cruise, its date and time,
    • Ticket number,
    • Other information, if necessary.

§8 SERVICES PROVIDED ELECTRONICALLY

  1. Through the Store, the Shipowner provides the Customer with a service that allows the Customer to conclude an Agreement with the Shipowner electronically. This service is provided free of charge.
  2. In order to ensure the safety of the Customer and to transfer data in connection with the use of the Store, the Shipowner takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons. These include: the use of antiviruses, technical support, appropriate technical security of the tools used and others.
  3. The shipowner is not liable for the lack of compliance of the service with the contract to the extent that it informed the Customer about the requirements related to the use of the service before concluding the contract for the provision of services in the event that the Customer does not meet these requirements.
  4. The Shipowner takes steps to ensure fully correct operation. The Customer is entitled to inform the Shipowner of any irregularities or interruptions in the functioning of the Shop.
  5. In the case of Customers who are Consumers, the Shipowner may terminate the contract for the provision of services provided electronically at any time with a 14-day notice period, while retaining the rights acquired by the Customer before the termination of the contract.
  6. In the case of Customers who are Consumers, the Shipowner may terminate the contract for the provision of the service or deprive them of the right to place Orders, with immediate effect, for important reasons, in the event of a significant and obvious breach by the Customer of the provisions of these erms and Conditions, i.e., in particular when the Customer uses the Store in a manner inconsistent with the provisions of law or the provisions of the Regulations and contrary to good practices and the purpose of the Store, in a way that is burdensome for other Customers and for the Shipowner, copies the Products, Digital Content and Digital Services of the Shipowner or makes them available to third parties without the consent of the Shipowner, provides the Shipowner data inconsistent with the actual legal status, incorrect, inaccurate or violating the rights of third parties, or violates or attempts to violate the technical security of the Store in order to obtain unauthorized access to its resources.

§9 PROVISION OF THE SERVICE - TRANSPORT CONDITIONS

  1. The Contract of Carriage between a Passenger and a Shipowner is concluded at the moment of purchasing a Ticket via the Internet Shop or directly from the Shipowner.
  2. Passengers with Tickets have priority to participate in the Cruise. If there are free seats left on the Cruise, Passengers can buy a ticket before the Cruise directly from the Shipowner.
  3. Cruises are carried out with different types of Vessels depending on the number of passengers, availability of Vessels and other factors specified by the Shipowner that influence the implementation of specific types of Cruises.
  4. A Passenger is obliged to obey the instructions given by the Shipmaster.
  5. The passenger is obliged to comply with the order regulations applicable in transport. Persons threatening the safety or order of the Cruise may be disallowed to join the Cruise or removed from the Vessel. People who cause a nuisance to other travelers or refuse to pay for the Cruise may be removed from the vessel, unless this would violate the principles of social co-existence.
  6. During the Cruise, at the harbours and moorings where the Vessel arrives, each Passenger must exercise caution.
  7. During harbour manoeuvres, passage under bridges, sluicing, and during embarkation and disembarkation from marinas or other berths, it is strictly forbidden for a Passenger to lean beyond the protective railings of the Vessel or otherwise cross their lines.
  8. Children under twelve (12) years of age should be under the constant supervision of an adult Passenger.
  9. The Shipowner may cancel a Cruise in the case of:
    • breakdown of a vessel,
    • damage to a vessel,
    • force majeure,
    • exceeding the warning water level on the Vistula River,
    • closure of a water route constituting the whole or a part of the Cruise route by authorised bodies,
    • bad weather conditions,
    • bad navigational conditions,
    • bad hydrological conditions,
    • other, unforeseen circumstances making it impossible to carry out the Cruise.
  10. In the case of cancellation of a Cruise by the Carrier, the Passenger, at their own choice, will:
    • receive a ticket for the Cruise on another date or
    • receive a refund of the ticket price within seven (7) days. The refund of the ticket price is made in the same form in which the Passenger purchased it, unless the parties agreed otherwise.
  11. In the case of group Cruises, it is the Organiser’s responsibility to supervise the observance of order regulations by participants of the group Cruise; the Organiser and the participant are jointly and severally liable for any damage caused to the Shipowner’s property on the vessel.
  12. A Passenger’s claim to participate in the Cruise expires if they fail to arrive punctually at the place designated by the Shipowner. The Shipowner, in the event of a Passenger’s failure to arrive punctually at the designated place, is entitled to shorten the Cruise by a period of time corresponding to the Passenger’s tardiness.
  13. The Shipowner may, at its discretion, slightly delay the Cruise to allow the Passenger to reach the place of departure.
  14. On the Vessel, it is forbidden:
    • to bring animals onto the vessel,
    • to bring bicycles onto the vessel,
    • to possess dangerous objects or objects that may contaminate the vessel (e.g., knives, machetes, axes, open cans with paints, lubricants, etc.),
    • to possess explosives, pyrotechnic or inflammable materials within the meaning of the Act of June 21, 2002 on explosives for civilian use (consolidated text Journal of Laws Laws of 2017, item 283, as amended),
    • to possess weapons and ammunition within the meaning of the Act of May 21, 1999 on arms and ammunition (consolidated text Journal of Laws Laws of 2017, item 1839 as amended),
    • to possess narcotic drugs, psychotropic substances, substitute drugs or new psychoactive substances within the meaning of the Act of July 29, 2005 on counteracting drug addiction (consolidated text: Journal of Laws of 2018, item 1030, as amended),
    • to use open fire,
    • to smoke,
    • to use e-cigarettes or similar devices (vaping),
    • to throw objects into the riverbed,
    • to behave loudly, shout, emitting one’s own music without the consent of the Shipowner or behave in other way that may disturb other participants of the Cruise, the Shipowner and/or the inhabitants of the area, especially in regard to the Resolution No. XXXIII/2368/22 of the Kraków City Council of April 27, 2022 on the establishment of a cultural park called the Kazimierz Cultural Park with Stradom, referred to below.
  15. The Shipmaster has the right to refuse to allow a Passenger to participate in a Cruise or to remove them from a vessel if the Passenger:
    • breaches these regulations,
    • is under the influence of alcohol or drugs,
    • breaches public order or good manners,
    • otherwise brings danger or constitutes a nuisance to Passengers.
  16. A Passenger’s refusal to participate in a Cruise or their removal from a vessel shall be treated as the Passenger’s resignation from the Cruise without the right to demand a refund of the Ticket price.
  17. The Shipowner may refuse to provide the service of a Cruise to a Passenger who, during a previous Cruise, grossly violated the regulations, in particular by committing destruction, damage or theft of the Shipowner’s property or otherwise disturbing the Cruise of other Passengers. In such a case, the Shipowner may withdraw from the contract of the Cruise within twenty-four (24) hours from the purchase of the ticket by the Passenger via the Internet Shop and refund the price to the Passenger or directly refuse to sell the Ticket.
  18. The Shipowner provides the Passengers with appropriate safety and hygiene conditions and due service. The Shipowner undertakes actions facilitating the use of the Cruise and the Vessel for Passengers, especially for persons with reduced mobility and persons with disabilities.
  19. The Shipowner informs the Customers about the Resolution no. XXXIII/2368/22 of the Town Council of Kraków of April 27, 2022 concerning the establishment of a cultural park called the Cultural Park Kazimierz with Stradom, available at http://edziennik.malopolska.uw.gov.pl/WDU_K/2022/3267/akt.pdf and the necessity for the Shipowner to comply with its provisions, in particular the ban on the emission of sounds from the Vessel in the Kazimierz and Stradom Cultural Park. The Shipowner makes the above-mentioned resolution available for inspection on the vessel, and recommends that the Customer read its content before purchasing a Ticket or using the services.

§10 LIABILITY OF THE PARTIES

  1. The Passenger is fully liable for any damage or destruction of the vessel’s equipment and technical devices resulting from their fault or the fault of any minors accompanying them (remaining under their care).
  2. For the responsibility of a Passenger for damage caused by a person whose fault cannot be attributed to them due to their age or mental or physical state, article 427 of the Civil Code applies.
  3. If any damage is noticed or caused, the Passenger is obliged to immediately inform the Shipowner.
  4. The Shipowner is liable for any damage the Passenger has suffered due to the premature departure of the means of transport.
  5. The Shipowner is not liable for loss or damage of objects brought by a Passenger on a vessel and under their supervision, unless the damage was caused by the express fault of the Shipowner.
  6. Personal items left on the vessel will be stored by the Shipowner for 7 days. After this period, these items will be considered abandoned with the intention of disposal within the meaning of Art. 180 of the Civil Code. In such a case, the Shipowner may deal with the item at its own discretion, and in particular, dispose of or destroy it.
  7. Objects possession of which or leaving of which on the Vessel violate the Regulations will immediately be disposed of or handed over to law enforcement agencies.
  8. The Customer is liable for actions that violate these regulations or applicable common or local laws.

§11 COMPLAINTS

  1. The Owner is liable to the Customer for any non-conformity of the Product with the Contract, as well as in accordance with the provisions of the Act on Consumer Rights.
  2. The Shipowner is liable for any lack of compliance with the Agreement existing at the time of execution and revealed within two years from that moment, unless the expiry date specified by the Shipowner, its legal predecessors or persons acting on their behalf is longer.
  3. The Shipowner may perform the Agreement again if achieving compliance with the Contract in the manner chosen by the Customer is impossible or would require excessive costs for the Shipowner. If compliance with the Contract is impossible or would require excessive costs for the Shipowner, the Shipowner may refuse to comply with the Contract.
  4. When assessing the excessiveness of the costs, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity with the Contract, the value of the Product in conformity with the Contract and the excessive inconvenience for the Customer caused by the change of manner or the refusal to bring the Product into conformity with the Contract.
  5. If the Product is not in conformity with the Contract, the Customer may make a declaration of price reduction or withdrawal from the Contract if:
    • the Shipowner refuses to bring the Product into conformity with the Contract in accordance with paragraph 3 of this clause;
    • the Shipowner fails to bring the Product into compliance with the Contract within a reasonable time from the moment the Shipowner was informed of the lack of compliance with the Contract, and without excessive inconvenience to the Customer, taking into account the specific nature of the Contract and the purpose for which the Customer concluded the Contract covering the Product.
    • the lack of conformity with the Contract continues despite the fact that the Company has attempted to bring the Product into conformity with the Contract;
    • The lack of conformity of the Product with the Contract is so significant that it justifies a reduction in the price or withdrawal from the Contract;
    • it is clear from the statement of the Company or the circumstances that the Company will not bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience for the Customer.
  6. The Shipowner shall reimburse the Customer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days of receiving the Customer’s statement on price reduction.
  7. The Customer may not withdraw from the Contract if the lack of conformity of the Product with the Contract is negligible. The lack of conformity of the Product with the Contract shall be presumed to be significant.
  8. The Shipowner shall perform the repair or provide the service within a reasonable time from the moment it was informed by the Customer of the lack of conformity with the Contract and without undue inconvenience for the Customer, taking into account the specifics of the Contract and the purpose for which the Customer concluded the Contract, the subject of which is the Product (service). The costs of bringing the Product (Service) into conformity with the Contract shall be borne by the Shipowner.
  9. If the lack of compliance with the Contract applies only to some services provided under the Agreement, the Customer may withdraw from the Contract only in relation to these services, as well as in relation to other services purchased by the Customer together with the services that are inconsistent with the Contract, if it cannot reasonably be expected that The Customer has agreed to retain only the Services consistent with the Contract.
  10. The complaint should contain data enabling the Customer to be identified (name, correspondence address, e-mail address), the subject of the complaint (e.g., type and date of non-compliance with the Contract) and the demands related to the complaint. If an incomplete complaint is received, the Shipowner will request the Customer to complete the complaint.
  11. The complaint should be sent to the Shipowner’s e-mail address specified in these Rules.
  12. The Shipowner will respond to the complete complaint within 14 days of receiving the complaint and will inform the Customer of further proceedings at the e-mail address of the person submitting the complaint or in the same manner in which the Customer contacted the Shipowner or in another manner agreed with the Customer.
  13. The Shipowner will process the Customer’s personal data in order to process the complaint and in accordance with the privacy policy.
  14. The Customer may use the complaint form attached to these Rules and Regulations, or may contact the Shipowner by telephone in order to submit a complaint and obtain information on the complaint handling process.
  15. In the case of a Customer who is a Consumer or an Entrepreneur on consumer rights, the Shipowner shall bear the costs of the complaint.
  16. The Shipowner is liable for the lack of compliance of the Product with the Contract existing at the time of delivery and disclosed within 2 years from that moment, unless the shelf life of the Product, specified by the Shipowner, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of compliance of the Product with the Contract, which became apparent within 2 years from the date of delivery of the Product, existed at the time of delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specific nature of the Contract or the nature of the lack of compliance of the Product with the Contract. The Shipowner cannot invoke the expiration of the deadline for determining the lack of compliance of the Product with the Contract if the Shipowner has fraudulently concealed this lack.
  17. The provisions of this paragraph apply to the Consumer and to the Entrepreneur on the rights of the Consumer.
  18. The Passenger is entitled to pursue claims in court after the complaint procedure has been exhausted to no avail, and the Shipowner – after the obliged Passenger has been ineffectively summoned to pay.

§12 WITHDRAWAL FROM THE CONTRACT, OPERATIONS RELATING TO PURCHASED TICKETS

  1. The Customer has the right to withdraw from the Contract within the purchased Tickets, in accordance with the rules of exercising this right of withdrawal described in these regulations.
  2. Tickets not used due to their expiry are not subject to exchange or refund.
  3. The Shipowner does not make a refund in case of destruction or loss of a Ticket.
  4. The Customer may exercise the right of withdrawal (return) no later than 24 (in words: twenty-four) hours before the date and time of the purchased Cruise.
  5. In order to exercise the right to withdraw from the Contract, the Customer should contact the Shipowner by e-mail at info@rejsy.krakow.pl.
  6. In the event of withdrawal from the Agreement, the funds to be returned to the Customer are returned immediately, no later than within 14 days, depending on the form of payment selected by the Customer when purchasing the Ticket and e-mail arrangements with the Shipowner.
  7. The Customer may use the withdrawal form attached hereto, or may contact the Shipowner by telephone or e-mail to obtain information on the process of withdrawal processing.

§13 PROVISIONS APPLICABLE TO PROFESSIONAL ENTREPRENEURS

  1. The provisions of this paragraph apply to Customers of the Store who are Professional Entrepreneurs as defined in these regulations.
  2. In the case of sales of Products in trade between entrepreneurs on the basis of Article 558 § 1 of the Civil Code, the parties exclude the liability of the Store under warranty.
  3. The Shipowner has the right to withdraw from the contract concluded with the Customer who is a Professional Entrepreneur without giving a reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate declaration, also electronically to the e-mail address provided by him. This does not give rise to any claims against the Shipowner.
  4. With respect to Customers who are Professional Entrepreneurs, the Shipowner has the right to independently indicate and limit the available payment methods and require prepayment in full or in part, regardless of the method of payment chosen by the Entrepreneur or the conclusion of the Contract.
  5. The Shipowner’s total liability towards the Customer who is a Professional Entrepreneur for non-performance or improper performance of the Contract is limited to the amount of the Product price paid in the event of intentional damage. The Shipowner is not liable for lost profits to the Professional Entrepreneur.
  6. The settlement of any disputes between the Shipowner and the Customer who is a Professional Entrepreneur shall be submitted to the court having jurisdiction over the Shipowner’s registered office.

§14 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

  1. An entrepreneur on the rights of a consumer, is such a businessman who makes purchases in the Store, which are related to his business activity, but which are not of professional character for him/her, arising in particular from the subject of his/her business activity on the basis of the provisions of the Central Register and Information on Business Activity, pursuant to Art. 3855, 5564 and Art. 5565 of the Civil Code Act and Art. 7aa of the Act on Consumer Rights.
  2. The Entrepreneur referred to in the first paragraph of this section shall be governed by the provisions of these Terms and Conditions that apply to the Consumer, i.e., inter alia:
    • Digital Services provided by electronic means,
    • Withdrawal from the contract concluded at a distance or outside the business premises,
    • Complaints and non-compliance of the Product with the contract,

      within the limited scope of Article 7aa of the Act on Consumer Rights and Article 3855, Article 5564 and Article 5565 of the Civil Code Act. In the remaining scope, the provisions of the Terms and Conditions concerning Professional Entrepreneurs shall apply.

  3. Entrepreneur on the rights of a consumer who accepts these Regulations during the purchasing process and then exercises their rights mentioned in this paragraph, should complete the appropriate form of complaint or withdrawal from the contract, in particular the data confirming the circumstances that corroborate their status in accordance with Article 7 aa of the Act on Consumer Rights or provide this information in another way.
  4. The Entrepreneur referred to in the above paragraph declares in the form sent to the Shipowner or in another way that the purchased Product, and thus the concluded contract, are directly related to their business activity, but do not have a professional nature for him, resulting in particular from the subject of the business activity performed on the basis of the provisions on the Central Registration and Information on Economic Activity, which they perform to prove that they meet the conditions to be recognized as such an Entrepreneur. The forms constitute attachments to these Regulations.

§15 PERSONAL DATA AND COOKIES

Pursuant to Article 13(1) and (2) of the GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC) and the Act of May 10, 2018. on the protection of personal data, I would like to inform that:

  1. The Controller of the Customer’s personal data is Krystian Kapusta conducting business activity named Aqua Fun Krystian Kapusta, at the address Bulwar Czerwieński plot no. 172/7, 31-069 Kraków, TAX ID: 6791224838 in accordance with the document generated from the Central Registration and Information on Business system, also referred to as the Shipowner in the Terms and Conditions. The Controller himself performs the tasks of the Personal Data Protection Inspector. You can contact the Controller using the following details: e-mail: info@rejsy.krakow.pl, Phone number: +48 604 299 000 or in writing to the Controller’s address.
  2. The Customer’s personal data provided in the forms found in the Store will be processed on the basis of the agreement concluded between the Customer and the Controller, the conclusion of which occurs as a result of the acceptance of these Terms and Conditions, on the basis of Article 6(1)(b) of the GDPR (necessity to conclude and/or perform the contract). This is necessary for the performance of this agreement (completion of the Product order) and the Customer’s service related to the concluded agreement.
  3. The Customer’s personal data may also be processed for the following purposes and on the following legal grounds:
    • to issue an invoice and fulfil other obligations resulting from the tax law – pursuant to Art. 6(1)(c) of the GDPR (obligation resulting from the law);
    • to carry out payment transactions through an electronic payment operator – pursuant to Art. 6(1)(b) of the GDPR (indispensability for the conclusion and/or performance of the contract);
    • handling complaints or claims – pursuant to Art. 6(1)(b) of the GDPR (indispensability for the conclusion and/or performance of the contract);
    • establishing, investigating or defending against claims – pursuant to Art. 6(1)(f) of the GDPR (the Controller’s legitimate interest);
    • telephone contact in matters related to the performance of the service – pursuant to Art. 6(1)(b) of the GDPR (necessity to conclude and/or perform a contract);
    • storage of unpaid orders – pursuant to Art. 6(1)(f) of the GDPR (legitimate interest of the Controller);
    • creation of records and registers related to the GDPR – pursuant to Art. 6(1)(c) of the GDPR (legal obligation) and Article 6(1)(f) of the GDPR (legitimate interest of the controller);
    • archival and evidential purposes, for the purpose of safeguarding information that can be used to prove facts – pursuant to Art. 6(1)(f) of the GDPR (legally justified interest of the Controller);
    • the use of cookies on the website and subpages of the Store – on the basis of art. 6(1)(a) of the GDPR (consent);
    • for the purpose of direct marketing addressed to the Customer – pursuant to Art. 6(1)(f) of the GDPR (legally justified interest of the Controller).
  4. The provision of personal data is voluntary, but necessary for the purposes related to the performance of the contract and the implementation of the Administrator’s legally justified interests. Their failure to do so will result in the conclusion and performance of the Contract being impossible.
  5. The Customer’s personal data will be processed for the period of performance of the Contract, as well as for the period of securing possible claims in accordance with generally applicable legal regulations. Thereafter, they will be deleted, unless the Customer decides to use the Controller’s services and leaves them on a different basis and for a different purpose.
  6. The Customer’s personal data will be made available to other data recipients, such as, for example, IT system maintenance and hosting services, an e-mail service provider, a payment system, a law firm, subcontractors and contractors involved in the work of the Online Shop, etc.
  7. Due to the fact that the Controller uses external providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., Customer data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Facebook, based on the European Commission’s implementing decision of July 10, 2023, issued on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council, declaring an adequate level of personal data protection within the EU-US data protection framework, have undergone a certification system and have been certified to ensure the protection of Personal Data at the European Union level. Data will only be transferred to recipients who guarantee the highest level of data protection and security, including by:
    • cooperating with processors of Personal Data in countries for which the relevant decision of the European Commission has been issued,
    • applying standard contractual clauses issued by the European Commission,
    • applying binding corporate rules approved by the relevant supervisory authority,

      or to those whose Personal Data the Customer has agreed to transfer.

  8. The Customer has the right to access the content of their data, to rectify, erase or restrict processing, the right to object to processing, the right to data portability, the right to request access to data, and the right to lodge a complaint with the supervisory authority – the President of the Office for Personal Data Protection, if they consider that the processing of his data is incompatible with current data protection legislation. They also have the right to be forgotten if further processing is not provided for by the currently applicable legislation.
  9. The Customer also has the right to withdraw his consent at any time if he has provided his personal data on the basis of consent. The withdrawal of consent shall not affect the processing that was carried out on the basis of consent prior to its withdrawal.
  10. The Customer’s data will not be processed by automated means, including profiling within the meaning of the GDPR, which means that the Controller will not make automated decisions that affect the Customer’s rights and freedoms.
  11. In order to ensure the security of the Customer and the transfer of data in connection with the use of the Shop, the Shipowner shall take technical and organisational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
  12. Detailed rules for the collection, processing and storage of personal data used for the purpose of fulfilling orders through the Shop, and the cookie policy are described in the Privacy Policy, which can be found at: https://statek-krakow.pl/polityka-prywatnosci

§16 OUT-OF-JUDICIAL METHODS OF RESOLVING DISPUTES AND RESOLVING CLAIMS BY THE CONSUMER

  1. The shipowner agrees to submit any disputes arising in connection
    with the concluded contracts for the provision of the Product to mediation proceedings. The details will be determined by the parties to the dispute.
  2. The Consumer has the possibility to use out-of-court complaint and redress procedures. The Consumer has the possibility, among others, to:
    • apply to a permanent amicable consumer court with an application
      to resolve a dispute arising from the concluded contract,
    • apply to the voivodeship inspector of the Trade Inspection with an application
      initiate mediation proceedings for an amicable termination of a dispute between the Customer and the Shipowner,
    • free of charge use of the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).
  3. For more detailed information on out-of-court complaint handling and redress, the consumer can visit the website http://www.uokik.gov.pl and the offices and websites of poviat (municipal) consumer ombudsmen, social organisations,
    whose statutory tasks include consumer protection or Voivodship Inspectorates of Trade Inspection.
  4. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from
    from an online contract or service contract.
  5. The case may be considered by the arbitration court only after the complaint proceedings have been completed and if both parties to the dispute consent to it. In other cases, any disputes will be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

§17 OPINIONS – OPERATION WITHIN THE STORE

  1. The Shop presents opinions of the Shop’s customers and/or persons who have used the Shipowner’s services.
  2. Opinions in the Shop may appear in various places in the Shop and on various subpages: in the Product (Cruise) description or in a special tab for leaving opinions under a given Product in the “Opinions” tab or similar. They may also link to external tools or services presenting customer opinions such as Google business cards, to social media, including the Facebook fanpage and the “Reviews/Feedback” tab or to services such as Opineo. They may also be presented in various ways. They can also be presented in various formats, e.g., video, pdf, written opinion with an image and data of a given Product’s customer with partially presented personal data or without any personal data.
  3. Each customer of the Store has the possibility of leaving an opinion about a purchased Product and thereby agrees to publish it within the scope of the Store and for the purposes specified by the Shipowner.
  4. The Owner makes every effort to ensure that the opinions presented in the Store and on the Store’s subpages are reliable and come from people who are actual customers of the Store. To this end, it takes reasonable and proportionate steps, as set out in these regulations, to check whether these opinions come from customers. Among other things: tries to obtain consent to publish opinions for marketing purposes outside the Store, to disseminate selected or all opinions, or checks whether a given opinion comes from a customer of the Store.
  5. Opinions presented within the Shop are verified by the Shipowner in such a way that the Shipowner checks whether the opinion left by a given person came from customers.
  6. If an opinion raises doubts in the Shipowner’s mind, it is not presented within the Store. A person who has left an opinion that has not been published or has been removed by the Shipowner has the possibility of contacting the Shipowner in order to clarify the situation and determine the reasons.
  7. The Shipowner is not obliged to publish opinions in the Shop and is entitled to remove them if, in their opinion, this is justified. They may also publish only selected opinions.
  8. The Shipowner does not use purchased, sponsored or barter-obtained opinions. Shipowner does not post or have another person post false opinions or recommendations or distort opinions or recommendations in order to promote the Products in the Store.

§18 DEFINITIONS, PROCEDURES, RESPONSIBILITIES AND POWERS RELATING TO DSA

  1. This paragraph of the Privacy Policy sets out information on any restrictions that the Controller imposes in connection with the use of its services, in relation to information provided by Recipients of the Service, including, but not limited to: information on any policies, procedures, measures and tools used for content moderation, including algorithmic decision-making and human review, as well as the rules of the internal complaint handling system, on any material changes to the terms of use and the mechanism for reporting Illegal Content. The Controller shall make the aforementioned information and conditions of use of the Service available in an understandable and legible manner. The Controller shall design, organise and operate its Web Services (and interfaces) in a manner that does not mislead or manipulate Users or otherwise materially interfere with or limit Users’ ability to make free and informed decisions.
  2. The Controller is a provider of Indirect Services, as defined by the DSA, offering hosting services.
  3. The Controller provides Indirect Services as part of its profiles available on Social Media, i.e., on Instagram (link: https://www.instagram.com/rejsy_po_wisle_krakow/), Facebook (link: https://www.facebook.com/statekkrakow), through:
    • enabling Users to leave comments under posts,
    • adding posts,
    • adding ratings and opinions,
    • other forms of interaction enabling Users to leave Content available on the above-mentioned portals.
  4. Definitions used in the content of this paragraph and the Policy mean:
    • Administrator – in accordance with the definition contained in § 2 sec. 1 of the Privacy Policy as well as an entrepreneur, i.e., a natural or legal person, regardless of whether it is a public or private entity, who acts – including through a person acting in their name or on their behalf – for purposes related to his/her commercial, business, craft or professional activity, providing the services referred to in this paragraph, including information society services on the Website.
    • Service Recipient – a Customer, User or a person using indirect services or other information society services provided by the Administrator, including, for example, the Service, or the Administrator’s Social Media, in particular for the purpose of seeking information or sharing it,
    • Content – any information transmitted by the User in any form within the Service, Social Media or other platforms and venues owned or moderated by the Controller, in particular within the Service or the functionalities of these venues made available to the User.
    • Illegal Content – information which, in itself or by reference to an action, does not comply with the law of the European Union or with the law of any Member State conforming with the law of the European Union, regardless of the specific subject matter or nature of that law.
    • Content Moderation – the actions, whether automated or not, taken by the Administrator or the intermediary service providers cooperating with it, the purpose of which is, in particular, to detect, identify and combat illegal content or information incompatible with the terms of use of their services provided by the Recipients of the service, including measures implemented that affect the availability, visibility and reachability of such unlawful content or information, such as the deposition of such content or information, demonetisation, prevention of access to or removal of such content or information, or that affect the ability of recipients of the service to transmit such information, such as the closure or suspension of the recipient’s account.
    • Indirect service – means one of the following information society services provided by the Administrator:
      • a “common transmission” service consisting in the transmission on the telecommunications network of information provided by the Recipient of the service or in the provision of access to the telecommunications network;
      • a “caching” service consisting in the transmission on the telecommunications network of information provided by the Recipient of the service, involving the automatic, indirect and short-term storage of this information, carried out for the sole purpose of facilitating the subsequent transmission of information at the request of other recipients;
      • a “hosting” service consisting in the storage of information provided by the Recipient of the service and at their request.
    • Internet platform – a hosting service that stores and disseminates information to the public at the request of the Recipient of the service, unless such action is an insignificant or solely ancillary feature of another service or an insignificant function of the main service, and for objective and technical reasons cannot be used without such other service, and the inclusion of such feature or function in such other service is not a means of circumventing the application of the DSA.
    • Public dissemination – the making available of information at the request of the Recipient of the service who provided the information, to a potentially unlimited number of third parties.
    • Social media – social platforms within which the Controller creates additional communication channels with the User or the Recipient of the information or content provided by him, either as part of publishing content publicly available to a wide range of recipients, or as part of other forms of contact with the Recipient of the content, in including contact related to commercial offers, which in particular applies to: private or public social groups, channels on social media platforms, public accounts mentioned in e.g., the Privacy Policy, the so-called fanpage, communication channels, within these social media platforms, etc.
Point of contact

The Controller shall designate the following single point of contact to enable it to communicate directly – electronically – with Member State authorities, the Commission and the Digital Services Board, and a single point of contact to enable Service Recipients to communicate directly – electronically – with the Controller, via e-mail address:


info@statek-krakow.pl
 or by phone at +48 604 299 000 Communication can be done in Polish and English.

Illegal Content and incompatible with the Controller’s Terms of Service

The User may not post the following Content within the Service, the Online Platform or the Controller’s Social Media:

  1. Illegal Content or Content that does not comply with the Privacy Policy,
  2. Content containing obscenities, hate speech against third parties or spam,
  3. Content violating good morals, in particular containing content that is offensive or violates religious feelings, personal rights of third parties or shows lack of respect in accordance with generally understood social norms and principles of social coexistence, Content that is racist, vulgar, promotes violence, contains pornographic, fascist content, discriminatory, inappropriate for minor users, containing sexual overtones etc.,
  4. Content violating the rights of third parties, e.g., copyrights or intellectual property rights, or aiming to disclose business secrets or other confidential information,
  5. Content containing links to other websites (links), entities other than the Website, competing websites or online shops, to which the Controller has not given his prior consent, in particular advertising, marketing, fundraising or other commercial links,
  6. Content exhorting and advertising other services, platforms, social media, etc., as well as Content not related to the respective content of the Website.
  7. Content unrelated to the Controller’s service or any activity of the Controller or the Service or Content unrelated to the subject matter of the Service or the Controller’s Social Media,
  8. Content containing personal or contact details,
  9. Repetitive Content, that have already appeared on the Controller’s Service or Social Media (the User is obliged to verify, before publishing the Content, that it will not be a copy of the existing Content),
  10. Content of a technical nature, queries related to customer service concerning the Controller’s products or services (for this purpose the User should contact the data provided in the Privacy Policy).
Procedure for reporting illegal content, appeal procedure and Content Moderation
  1. User who considers a given Content to be Illegal Content or Content violating this privacy policy is entitled to report this Content to the Controller electronically to the e-mail address included in the Privacy Policy, together with an indication of the place where the Controller can read the above-mentioned content and any , details necessary to process the report, including contact details of the User and the third parties involved (if possible).

    The User may use the form for reporting Illegal Content, constituting attachment to this privacy policy.

  2. In the case of failure to provide contact details of the User reporting the said Content, the Controller will not be able to contact the User in order to notify them about the receipt of the report and the result of the consideration of the report.
  3. The Controller shall immediately notify the User about the receipt of the notification of the given Content.
  4. The Controller makes decisions regarding the notification within a period no longer than 14 days from the date of receipt of the notification, in a non-arbitrary, objective manner and with due diligence. For the purposes of considering and making decisions, the Seller does not use automated means.
  5. The Controller shall notify the User without undue delay of the result of the decision on the notification, its content and justification.
  6. In the event of Illegal Content or Content inconsistent with the Terms and Conditions, the Controller may remove them, limit their visibility, prevent access to them, deposit them or leave them on the Website. It may also suspend, terminate or otherwise limit monetary payments, if such payments occur on the Website, suspend or terminate the provision of the service in whole or in part, or suspend or close the account of the User or a third party. At the same time, it informs the User and the involved third parties about its decision, providing them with a clear and specific justification for the decision (if it has their contact details).
  7. The User may appeal against the Controller’s decision within 14 days from the date of receipt of the decision by providing the reasons for it at the same time.
Controller’s responsibility for User Content

. The Controller is not responsible for User Content, especially Illegal Content left on the Website or Online Platform, if the User’s actions are inconsistent with the Privacy Policy or generally applicable law. The Administrator makes every effort to deal with such Content in a manner consistent with the provisions of generally applicable law and the Privacy Policy, among other things, it does not modify the Content in a way that affects the integrity of the information transmitted or made available, does not facilitate the posting of Illegal Content, and immediately takes action to remove it or prevent access to it in accordance with the Privacy Policy, while respecting the fundamental rights of Users, including the right to freedom of expression and information and takes all actions in good faith and with due care.

Algorithmic decision-making

No algorithmic decision-making takes place within the Service , including decisions related to User appeals.

Cooperation with Public Authorities Regarding Notifications of Illegal Content

If the Controller receives any information giving rise to the suspicion that a crime threatening the life or safety of a person or persons has been committed, is being committed or may be committed, he immediately informs the applicable law enforcement or judicial authorities of the Member State(s) and provides all available information thereon.

Provision of information to the digital services coordinator

The controller shall provide the digital services coordinator for the establishment and the Commission, upon request and without undue delay, with information on the average number of monthly active recipients of the service in the Union, calculated as the average number over the previous six months, updated at the time of such request. The Digital Services Coordinator or the Commission may request the Controller to provide additional information regarding the calculation, including explanations and justification of the data used. This information cannot contain personal data.

Termination of the use of the Controller’s services

The User is entitled to terminate the use of the Administrator’s services at any time. For this purpose, you may use available forms of terminating the use of the services, such as unfollowing the Controller’s Social Media, or by deleting the Content you have posted, and may also contact the Seller using the details provided in this privacy policy. This provision does not prejudice the Controller’s obligations and rights arising from other generally applicable provisions of law and further storage of data, including personal data, in particular for the purposes indicated in the Privacy Policy and arising from the GDPR or other acts.

Changes to the terms of use of the Controller’s services

The Controller will, using appropriate means, immediately inform the User about significant changes introduced in the terms of use of the Controller’s services, inter alia, in the event of a change in the rules regarding information allowed about its services or other such changes that may have a direct impact on the ability of Recipients to use the service.

§19 FINAL PROVISIONS

  1. Agreements concluded through the Online Store and services provided are performed in Polish and based on the provisions of Polish law.
  2. The Shipowner reserves the right to change the Terms and Conditions for important reasons, e.g., changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions, changes in technology. The new regulations come into force on the day of publication on the Shipowner’s online platform on the subpage: Regulations.
  3. The version of the Terms and Conditions in force on the date of conclusion of the Agreement applies to contracts concluded before the amendment of the Terms and Conditions.
  4. If any provision of these Terms and Conditions turns out to be inconsistent with generally applicable provisions of law and violates consumer interests, the Shipowner declares the application of the indicated provision.
  5. Resolving disputes between the Shipowner and the Customer who is a consumer within the meaning of Art. 221 of the Civil Code, shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  6. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Transport Law, the Inland Navigation Act, the Act on Consumer Rights, the Act on the provision of electronic services, the Act on combating unfair competition, the Act on personal data protection and the General Data Protection Regulation (GDPR).

Link to privacy policy: https://statek-krakow.pl/polityka-prywatnosci/

Link to these Terms and Conditions: https://statek-krakow.pl/regulamin/

Date of validity of these Terms and Conditions: 19/04/2024

Attachments:

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