Regulations

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 INFORMATION

  1. The online store is available on the domain https://statek-krakow.pl and on relevant sub-sites after registration and is operated by the Shipowner .
  2. In case of complaints about a placed Order, please contact the Shipowner using the following contact information:
    • phone number: +48 604-299-000
    • e-mail address: info@tatek-krakow.pl
    • contact form available within the Store or chat (if any), in accordance with the rules contained hereafter.
  3. The Customer may communicate with the Shipowner by means of an e-mail address, contact form or chat (other online communicator) available within the Store (if any). These means guarantee the preservation of written correspondence (documentary form) between the Customer and the Shipowner with the date and time, meet the requirements of a durable medium, and enable the Customer to contact the Shipowner quickly and efficiently.
  4. The addresses of the check-in points and thus the start of the Cruises are indicated each time in the description of the respective Cruise.
  5. The Shipowner provides the sale of Inland Passenger Water Transport Products/Services related to the transportation of passengers in accordance with these Regulations and relevant laws, mainly in the form of walking and sightseeing cruises, other than cruises, and/or vessels whose crew responsible for the operation of the vessel consists of no more than 3 persons or the distance over which the total passenger transportation service is performed is less than 500 meters one way.
  6. The Shipowner shall make available the current Cruise Price List on the website of the Online Store and on the respective Ship.
  7. The Shipowner shall provide interested parties with free access to the Ship’s shipping regulations applicable to them, and by indicating a hyperlink (link) in these regulations in §2 paragraph. 28 i 29.
  8. The Shipowner shall keep on the Vessel the relevant safety documents or seaworthiness certificates issued to him in accordance with the relevant regulations, in particular the Inland Waterways Act.
  9. The rules for using and placing Orders, concluding Product Contracts and making complaints within the Store are defined in these Regulations.
  10. The shipowner shall make the Terms and Conditions available to the customer free of charge before using the Online Store. The customer may record the content of the Terms and Conditions in a convenient way, such as by recording on a durable medium or printing. The Rules and Regulations are also available on the Vessel from the Shipowner in physical form for inspection. Each Passenger has the opportunity to get acquainted with it.
  11. Acceptance of the provisions of these Terms and Conditions is a prerequisite for using the Store and concluding the Agreement. By accepting it, the customer agrees to all the provisions and undertakes to abide by them.
  12. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  13. For the avoidance of any doubt, the Order sent by the Customer shall be deemed to be the submission of an offer within the meaning of Art. 66 and 661 of the CivilCode , the content of which is supplemented by the provisions of the Terms and Conditions, and the Contract is concluded when the Shipowner’s statement of acceptance of the Order is sent electronically to the Customer.
  14. Information about the Products provided on the Store’s websites,
    in particular their descriptions, technical parameters and prices, do not constitute an offer
    within the meaning of the Civil Code, and are only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
  15. In the use of the Store, it is prohibited to provide information of an unlawful nature and, in particular, it is prohibited:
    • sending and posting spam within the Store
    • delivery and transmission of content prohibited by law, in particular within the forms on the Store;
  16. It is ordered that:
    • Use of the Store in a manner consistent with the Regulations and the law;
    • Use of the Store in a manner that does not interfere with its operation;
    • Use of any content posted on the Store’s subsites for personal use only, in accordance with the license granted (if any).
  17. It is not permissible to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would harm the interests of the Shipowner. In particular, it is not allowed to resell Products to third parties ordered through the Store without the consent of the Shipowner.
  18. The customer may not make a purchase anonymously or under a pseudonym or using incorrect personal information.
  19. The shipowner performs passenger transportation 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 waterway and amending Regulation (EC) No. 2006/2004 (Official Journal of the EU L 334 dated 17.12.2010, as amended, hereinafter the Regulation), however, the provisions of the Transport Law Act and the aforementioned Regulations do not apply to its operations. Regulations due to the exemption contained in Art. 1 paragraph. 4 of the Transportation Law in conjunction with. from Art. 2 paragraph. 2 letters b and c of the Regulation.
  20. Other definitions, procedures, duties and rights under the Digital Services Act – DSA are described in 19 of these Regulations and are an integral part of them.

§2 DEFINITIONS

The terms used in the Regulations mean:

  1. Shipowner or Administrator- Krystian Kapusta conducting business under the name Aqua Fun Krystian Kapusta, at the address Bulwar Czerwieński dz. No. 172/7, 31-069 Krakow, NIP: 6791224838 in accordance with the document generated from the system of Central Registration and Information on Business Activity.
  2. Customer –a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, placing an Order within the Store and making purchases through the Store.
  3. Consumer – a natural person concluding a contract with the Shipowner within the framework of the Store, the subject of which is not directly related to his/her business or professional activity.
  4. Entrepreneur on the rights of a consumer – Entrepreneur who orders Products, Digital Content or Digital Services related to his/her business, but not of a professional nature for him/her, in accordance with Art. 7aa of the Law on Consumer Rights and Art. 3855, Art. 5564 I art. 5565 of the Civil Code Law.
  5. Professional Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store, and is not an Entrepreneur on the rights of a consumer.
  6. Organizer – the entity using the Shipowner’s Services to organize Group Cruises for participants cooperating with the Organizer.
  7. Regulations – these Regulations of the Store, also specifying the terms of use of services provided by the Shipowner, including the Indirect Service, regulating 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 Store or Store – an online store available at https://statek-krakow.pl and its respective subpages through which the Customer may make Orders and purchases of certain Products.
  9. Product/Service – products purchased or available in the Store, including services and Tickets. Products are sold for a fee, unless expressly stipulated otherwise.
  10. Digital service – a service that allows the Customer to: generation, processing, storage or access to data in digital form, or sharing of data in digital form that has been transmitted or generated by the consumer or other Customers of this service, or other forms of interaction through data in digital form.
  11. Digital content – data produced and delivered in digital form.
  12. Vessel – a passenger vessel for the transportation of passengers that has been entered in the administrative register of Polish inland waterway vessels by the Inland Navigation Authority.
  13. Passenger – a natural person with full legal capacity who has purchased a ticket, as well as persons accompanying them. A passenger is considered a consumer in the sense of the Consumer Rights Act, unless he uses the Shipowner’s services in the course of his professional or business activity and/or has the status of an Entrepreneur under the rights of a consumer.
  14. Ticket – a bearer document entitling the holder to participate in a cruise purchased directly from the Shipowner, its affiliates or through the Shipowner’s website .
  15. Cruise – a service of transportation of passengers (persons) related to leisure, the duration of which is specified on the website or in the offer made directly by the Shipowner.
  16. Vessel Manager- the person responsible for the Vessel for the duration of the entire Voyage, in accordance with the provisions of the Inland Navigation Act.
  17. Contract –a contract, the subject of which is the Product, concluded between the Shipowner and the Customer through the Store, also the Contract of Carriage.
  18. Contract of Carriage- a contract of Ticket concluded between the Shipowner and the Customer for the carriage of the Customer on the specified route of the Cruise, on the date specified in the Ticket.
  19. Cruise – means a service of transportation provided on a sea or inland waterway carried out exclusively for pleasure or recreation, in addition to which accommodation and other items are offered, including more than two nights on board.
  20. Order – an action, a declaration of will of the Customer aiming directly at the conclusion of the Product Contract with the Shipowner and the fulfillment of the performance to the Customer, under the terms and conditions indicated in these Regulations.
  21. Order form – a form of the Store, by means of which, the Customer can place an Order and execute the Agreement.
  22. Service Agreement – means any agreement other than the Agreement under which the Shipowner provides or undertakes to provide a service, including the Indirect Service to the Customer.
  23. Agreement concluded at a distance-anagreement concluded with a Customer on the Store or Service, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the agreement.
  24. Payment operator-PayPro- przelewy24.pl headquartered 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 Department of the National Court Register under the KRS number 0000347935, NIP number 7792369887, with a share capital of PLN 4,500,000.00, fully paid up, and in the Register of National Payment Institutions kept by the Polish Financial Supervision Authority under the UKNF number IP24/2014.
  25. Proof of payment – invoice or receipt issued in accordance with the Tax Act.
    on goods and services of March 11, 2004 and other relevant laws.
  26. Payment – payment to the Shipowner’s account via online payment methods available in the Store or payment upon receipt of the Product – depending on the chosen payment method and the ordered Product.
  27. Service – a set of information technology devices working together
    and software, providing processing and storage, as well as sending
    and receiving data through telecommunications networks by means of the appropriate
    for a given type of network of an end device (the Internet), including also the Site or a part thereof, the Store or a part thereof, and applications including mobile applications and other services of the Shipowner, Social Media and channels of the Shipowner operating within the framework of such Media.
  28. Working days – days of the week from Monday to Friday, except for public holidays.
  29. Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
  30. Civil Code-the law of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).
  31. RODO – means the Regulation of the European Parliament and of the Council EU 2016/679 of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation).
  32. DSA – means Regulation (IE) 2022/2065 of the European Parliament and of the Council of October 19, 2022. on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
  33. Law on Personal Data Protection – Law of May 10, 2018. On the protection of personal data (Journal of Laws 2018, item 1000, as amended).
  34. Act on Providing Services by Electronic Means orUŚUDE – Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended).
  35. Transportation Law- the law of November 15, 1984. – Transportation 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- the law of December 21, 2000. On inland navigation (D z. U. 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 (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 waterway and amending Regulation (EC) No. 2006/2004 (Official Journal of the EU L 334 of 17.12.2010, p. 1, as amended).

§3 TECHNICAL REQUIREMENTS

  1. The customer may use the provided functions of the online store in a manner consistent with the Regulations and applicable regulations and in a manner that does not interfere with the operation of the online store and other customers.
  2. To use the Store, including browsing the Store’s assortment and placing Orders for Products, you need:
    • access to the Internet from an enabling device such as a desktop computer, laptop, other mobile device, including equipment that allows communication and completion of necessary forms within the Store, such as a functioning keyboard;
    • A properly configured, up-to-date version of a web browser that supports, among other things. cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome and enabling web browsing;
    • an active and properly configured e-mail account (Shipowner recommends that the Customer check whether e-mails with the Shipowner’s domain from his e-mail address do not end up in the “spam”, “offers” or other than “main /received” mailbox. This is out of the Shipowner’s control and depends on the Customer’s email box settings and/or the provider of the email box used).
  3. The Shipowner shall provide 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 measures to ensure the proper functioning of the Store, among others. uses appropriate tools to make this possible, or third-party services.

§4 PRODUCTS AVAILABLE IN THE STORE

  1. Products available in the Store are each time presented in the current assortment on the Store’s website.
  2. The specifics of each Product, its composition and characteristics can be found in the descriptions of the Product in the Store.
  3. Information on the date of availability of the Products can be found in the description of the Product or on the corresponding sub-page/page with their description or in the terms and conditions or privacy policy separately communicated on the site.

§5 PLACING AND PROCESSING ORDERS

  1. The customer can purchase directly from the Shipowner or through the Online Store.
  2. When making a purchase through the Online Store, the customer selects the Product from the level of the corresponding subpage of the Store. The Customer can choose among different variants of the Product at different prices (if such a possibility 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 pages of the Store. The customer should first click on the “Buy Ticket” button shown with the price and product description, as a result of which the selected Product will be added to the shopping cart. Then, he can finalize the order by entering the order details and finalize the purchase by clicking “Pay the ticket.” The customer can then make further purchases.
  4. The customer can then recalculate the cost of the shopping cart and then proceed to payment by clicking 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 optional company name,
    • address (country, street, building number, apartment number, postal code, city),
    • phone number,
    • email address,
    • day and time of the cruise
    • the number of regular and/or concessionary tickets they buy
    • acceptance of the Terms and Conditions and Privacy Policy by checking the box. Acceptance is necessary to complete and finalize the Order.
    • agreeing to the Store’s processing of the order by clicking the “Pay Ticket” button, which indicates the need for payment
      per 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 make a choice as to the form of payment for the ordered Products, from those currently available in the Store.
  8. In the course of placing an Order – until clicking on the “Pay the Ticket” button – the Customer has the opportunity to modify the personal data he/she has provided, as well as data regarding the Products he/she has selected, the number of Products (Tickets), and as to the form of payment.
  9. The customer, when clicking on the “Pay the ticket” button, is aware that the conclusion of the contract is associated with the obligation to pay the payment due to the Shipowner.
  10. The Customer’s sending of the Order constitutes the Customer’s declaration of intent to conclude the Order.
    with the Shipowner of the Contract of Carriage, in accordance with the content of these Regulations.
  11. The customer makes payment by choosing one of the forms of payment available
    in the Store, and then makes the payment.
  12. The fact that a purchase has been made is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
  13. The contract of carriage shall be considered concluded upon receipt by the Customer of the e-mail message referred to in Paragraph. 11 of this paragraph. The contract is concluded in the Polish language in accordance with the Regulations.
  14. Shipowner reserves the right not to process an Order made by the Customer in the Online Store in the case of:
    • incorrect/incomplete filling of the Order form (lack of all data needed to complete the Order),
    • failure to receive the payment within 24 hours from the date of placing the Order (in the case of choosing the transfer payment option), provided that the 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 posted on the Store’s website are gross prices.
    and include all taxes required by applicable laws (including VAT).
  2. The Shipowner reserves the right to change prices of Products presented in the Store, introduce new Products, withdraw Products, conduct promotions and give discounts, as well as temporarily offer Products free of charge. The above entitlement does not affect Orders that were placed before the effective date of any of the amendments. Details and duration are always included in the description of the Product in question.
  3. Shipowner does not use mechanisms for individual adjustment of prices 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, in addition to the information about the reduced price, the Shipowner shall also make visible the information about the lowest price of a given Product that was in effect during the 30-day period prior to the introduction of the reduction.
  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 shall also make visible information about the lowest price of the given Product that was in effect during the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction.
  7. The Customer may choose the following forms of payment for the ordered Products:
    • By bank transfer – payable directly to the shipowner’s account. To do so, please contact the shipowner at the contact details provided
      In the Regulations;
    • by electronic transfer – paid directly to the shipowner’s account
      via PayPro- Przelewy24 system – on the transfer in the “Title” field, please specify at least the Order number;
    • by payment card, directly with the Shipowner – option available only when purchasing directly from the Shipowner;
    • cash, directly with the Shipowner – an option available only for direct purchase.
  8. In the case of electronic payment, the purchased Ticket will be sent to the e-mail address indicated in the Order, after the transfer is received and credited to the Shipowner’s bank account.
  9. An invoice (by name or for the company, if company details have been provided) is issued to the Order electronically, at the request of the Customer by entering the invoice details in the dedicated field when placing the Order, to which the Customer hereby agrees.
  10. If the Customer needs an invoice or EU VAT invoice, he should contact the Shipowner with his Order number and invoice details.
  11. For Tickets purchased directly (in cash from the Shipowner, the Shipowner will issue the appropriate receipt. A valid receipt gives the Customer the opportunity to use the Cruise and replaces the Ticket.

§7 DELIVERY/COLLECTION OF TICKETS/PRODUCTS - COSTS, FORMS AND DEADLINES

  1. Tickets purchased directly from the Shipowner, are issued in paper form at the time of purchase by the Customer.
  2. Purchase and collection of Physical Tickets shall be carried out during the working hours of the Shipowner, i.e. Monday through Sunday, from 10:00 am to 6:00 pm.
  3. Shipping of Tickets purchased online will be carried out immediately, no later than 24 hours after acceptance of the Order for processing, i.e. After its payment.
  4. It is understood that the day of payment, is the day of credit on the bank account of the Shipowner.
  5. The e-ticket includes, among other things. the following information:
    • The e-ticket includes, among other things. the following information:
    • Selected Cruise, its date and time,
    • Ticket number,
    • Other information, if necessary.

§8 SERVICES PROVIDED ELECTRONICALLY

  1. Through the Store, Shipowner provides a service to the Customer in the form of enabling the Customer to conclude a Contract with Shipowner electronically. This service is provided free of charge.
  2. In order to ensure the security of the Customer and the transfer of data in connection with the use of the Store, Shipowner takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons. These include, for example, the use of antiviruses, technical support support, appropriate technical safeguards for the tools it uses and others.
  3. The shipowner shall not be liable for non-compliance of the service with the contract to the extent that the shipowner has informed the customer of the requirements related to the use of the service prior to the conclusion of the service contract in the event that the customer fails to comply with such requirements.
  4. The shipowner is taking measures to ensure fully correct operation. The customer is entitled to inform the Shipowner of any irregularities or interruptions in the operation of the Store.
  5. In the case of Customers who are Consumers, the Shipowner may terminate the contract for the provision of electronic services at any time by giving 14 days’ notice, with the rights acquired by the Customer before termination.
  6. In the case of Customers who are Consumers, the Shipowner may terminate the contract for the provision of services or deprive the Customer of the right to place Orders, with immediate effect, for valid reasons, in the event of a material and flagrant violation by the Customer of the provisions of these Regulations, i.e. in particular, if the Customer uses the Store in a manner inconsistent with the law or the provisions of the Rules and Regulations and contrary to good morals and the purpose of the Store, in a manner that is burdensome to other Customers and 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 with data that is inconsistent with the actual state of the law, incorrect, inaccurate or violating the rights of third parties, or violates or attempts to violate the technical security of the Store in order to gain unauthorized access to its resources.

§9 IMPLEMENTATION OF THE SERVICE-CONDITIONS OF CARRIAGE

  1. The Contract of Carriage between the Passenger and the Shipowner is concluded at the time of purchasing a Ticket through the Online Store or directly from the Shipowner.
  2. Priority of participation in the Cruise is given to Passengers holding Tickets. If there are vacant seats left on the Cruise, Passengers may purchase a ticket before the Cruise directly from the Shipowner.
  3. Cruises are carried out by different types of Vessels depending on the number of passengers, availability of Vessels and other factors determined by the Shipowner that affect the implementation of specific types of Cruises.
  4. The passenger is obliged to follow the instructions given by the Ship Manager.
  5. The passenger is obliged to comply with the order regulations of the transport. Persons endangering the safety or order of the Voyage may not be allowed on the Voyage or may be removed from the Vessel. Persons who are a nuisance to other travelers or who refuse to pay their Cruise dues may be removed from the Vessel, unless this would violate the principles of social intercourse.
  6. During the Cruise, at the berths and moorings where the Ship arrives, each Passenger must exercise caution.
  7. During harbor maneuvering, passage under bridges, during sluicing, and embarkation and disembarkation from marinas or other berths, it is strictly forbidden for a Passenger to lean beyond the Ship’s guard rails or otherwise cross their lines.
  8. Children under the age of twelve (12) should be under the constant supervision of an adult Passenger.
  9. The Shipowner may cancel the Cruise in the event of:
    • Ship Failure,
    • Ship Damage,
    • Acts of God,
    • Exceeding the warning condition of the water level on the Vistula River,
    • closure by authorized authorities of the waterway constituting in whole or in part the route of the Cruise,
    • bad weather conditions,
    • poor navigational conditions,
    • poor hydrological conditions,
    • other unforeseen circumstances that prevent the execution of the Cruise.
  10. In case of cancellation of the Cruise by the Shipowner, the Passenger at his/her own choice:
    • will receive a ticket for the Cruise on another date or
    • will receive a refund of the ticket price within seven (7) days. Refund of the ticket price shall be made in the same form in which the Passenger purchased it, unless the parties have agreed otherwise.
  11. In the case of Group Cruises, it is the organizer’s responsibility to supervise the group cruise participants’ compliance with the regulations of order; the organizer and the participant are jointly and severally liable for any damage to the Shipowner’s property on the Ship.
  12. The Passenger’s claim to participate in the Cruise shall lapse if the Passenger fails to appear punctually at the place designated by the Shipowner. The Shipowner, in case of failure of the Passenger to appear punctually at the designated place, is entitled to shorten the Cruise by the time corresponding to the Passenger’s lateness.
  13. The Shipowner may, at its sole discretion, slightly delay the Cruise to allow the Passenger to reach the starting point.
  14. On the Ship it is prohibited to:
    • Introduction of animals on it,
    • The introduction of bicycles on it,
    • Possession of items that are dangerous or that may contaminate the Vessel (e.g., knives, machetes, axes, open vessels with paints, lubricants, etc.),
    • possession of explosives, pyrotechnics or flammable materials within the meaning of the Law of June 21, 2002. On explosives for civilian use (i.e., Journal of Laws of 2017, item 283, as amended),
    • possession of weapons and ammunition within the meaning of the Law of May 21, 1999. On arms and ammunition (i.e., Journal of Laws of 2017, item 1839, as amended),
    • possession of narcotic drugs, psychotropic substances, substitute drugs or new psychoactive substances as defined by the Law of July 29, 2005. On counteracting drug addiction (i.e., Journal of Laws of 2018, item 1030, as amended),
    • Use of open flames,
    • smoking,
    • Use of e-cigarettes or similar devices (vaping),
    • Throwing objects into the riverbed,
    • loud behavior, shouting, emission of own music without the consent of the Shipowner, or other behavior that may disturb other participants of the Cruise, the Shipowner and/or residents of the area, especially having in mind the Resolution No. XXXIII/2368/22 of the City Council of Krakow of April 27, 2022 on the establishment of a cultural park called Kazimierz Cultural Park with Stradom, referred to below.
  15. The Manager of the Vessel has the right to refuse to allow a Passenger to participate in the Cruise or to remove the Passenger from the Vessel if the Passenger:
    • violates these regulations,
    • Is under the influence of alcohol or intoxicants,
    • violates public order or good morals,
    • otherwise brings danger or constitutes a nuisance to Passengers.
  16. Refusal of a Passenger to participate in a Cruise or his/her removal from the Vessel shall be treated as cancellation of the Cruise by the Passenger without the right to demand a refund of the Ticket price.
  17. The Shipowner may refuse to provide Cruise service to a Passenger who, during a previous Cruise, grossly violated the Rules and Regulations, in particular by committing destruction, damage or taking of the Shipowner’s property or otherwise interfering with the Cruise of other Passengers. In such case, the Shipowner may cancel the Cruise Contract within twenty-four (24) hours of the Passenger’s purchase of the Ticket through the Online Store and refund the Passenger the price or refuse the Ticket directly.
  18. The shipowner shall provide passengers with adequate health and safety conditions and proper service. Takes measures to facilitate the use of the Cruise and the Ship by Passengers, especially those with limited mobility and those with disabilities.
  19. The shipowner informs customers about Resolution No. XXXIII/2368/22 of the City Council of Krakow of April 27, 2022 on the establishment of a cultural park called the Kazimierz Cultural Park with Stradom, available at the following address 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 prohibition of sound emissions from the Vessel in the area of the Kazimierz Cultural Park with Stradom. The shipowner provides the aforementioned. resolution for review on the Ship, as well as advises the Customer to familiarize himself with its contents before purchasing a Ticket or using the services.

§10 LIABILITY OF THE PARTIES

  1. The Passenger shall bear full responsibility for any damage or destruction of objects of equipment and technical devices of the Ship caused by him or by minors accompanying him (under his care).
  2. To the liability of a Passenger for damage caused by a person who, due to age or mental or physical condition, cannot be faulted, Art. 427 of the Civil Code.
  3. If any damage is noticed or caused, the Passenger is obliged to immediately inform the Shipowner.
  4. The shipowner shall be liable for the damage that the Passenger has suffered as a result of the premature departure of the means of transportation.
  5. The Shipowner shall not be liable for loss of or damage to items brought by a Passenger on the Vessel and under its supervision, unless the damage was caused by the express fault of the Shipowner.
  6. Personal effects left on the Ship will be kept by the Shipowner for 7 days. After the expiration of this period, the items will be considered abandoned with intent to dispose within the meaning of Art. 180 of the Civil Code. In this case, the Shipowner may deal with the item at its discretion, and in particular dispose of or destroy it.
  7. Items found in possession and left on the Ship in violation of the Rules will be immediately discarded or turned over to law enforcement authorities.
  8. The customer is liable for actions that are inconsistent with these terms and conditions or the provisions of common or local law.

§11 COMPLAINTS

  1. The Shipowner shall be liable to the Customer for non-conformity of the Product with the Contract, and in accordance with the provisions of the Consumer Rights Act.
  2. The Shipowner shall be liable for non-compliance with the Contract existing at the time of performance and disclosed within two years thereafter, unless the expiration date specified by the Shipowner, its predecessors in title or persons acting on their behalf is longer.
  3. The Shipowner may re-execute the Contract if bringing the Contract into compliance 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. In assessing the unreasonableness of 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 conforming product and the excessive inconvenience to the customer caused by the change in the manner or refusal to bring it into conformity with the contract.
  5. If the Product is inconsistent with the Contract, the Customer may submit a statement of price reduction or withdrawal from the Contract when:
    • The Shipowner shall refuse to bring the Contract into compliance in accordance with Paragraph. 3 of this paragraph;
    • The Shipowner shall not bring the Product into conformity with the Contract within a reasonable time from the moment the Shipowner was informed of the non-conformity with the Contract, and without undue inconvenience to the Customer, taking into account the specifics of the Contract and the purpose for which the Customer entered into the Contract, the subject of which is the Product.
    • the lack of compliance with the Contract continues even though the Shipowner has attempted to bring the Product into compliance with the Contract;
    • the lack of conformity of the Product with the Contract is so significant that it justifies a reduction in price or withdrawal from the Contract;
    • it is clear from the Shipowner’s statement or circumstances that the Shipowner will not bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience to the Customer.
  6. The shipowner shall return to the customer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of 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 insignificant. Failure of the Product to conform to the Contract shall be presumed to be material.
  8. The Shipowner shall repair or provide the service within a reasonable time from the moment it is informed by the Customer of the non-conformity with the Contract, and without undue inconvenience to the Customer, taking into account the specifics of the Contract and the purpose for which the Customer entered into the Contract, the subject of which is the Product (service). The cost of bringing the Agreement into compliance shall be borne by the Shipowner.
  9. If the non-conformity with the Agreement applies only to certain services provided under the Agreement, the Customer may withdraw from the Agreement only with respect to those services, as well as with respect to other services purchased by the Customer along with the non-conforming services, if the Customer cannot reasonably be expected to agree to retain only the non-conforming Services.
  10. The complaint should contain data that allows identifying the Customer (name, mailing address, e-mail address), the subject of the complaint (e.g., type and date of non-compliance with the Agreement) and the demands related to the complaint. If an incomplete claim is received, the Shipowner will call on the Customer to complete the claim.
  11. The complaint should be sent to the Shipowner’s e-mail address specified in these Regulations.
  12. The shipowner will respond to the complete complaint within 14 days from the date of receipt of the complaint and will inform the Customer of further proceedings at the e-mail address of the complainant 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 Regulations, and may also contact the Shipowner by telephone to report 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 the rights of a Consumer, the Shipowner shall bear the claim costs.
  16. The Shipowner shall be liable for the Product’s non-conformity with the Contract existing at the time of rendering and disclosed within 2 years from that time, unless the Product’s shelf life, as determined by the Shipowner, legal predecessors or persons acting on their behalf, is longer. Any lack of conformity of the Product with the Contract that becomes apparent before the expiration of 2 years after delivery of the Product shall be presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the Contract or the nature of the lack of conformity of the Product with the Contract. The Shipowner may not rely on the expiration of the time limit for determining the lack of conformity of the Product with the Contract if the lack was maliciously concealed by the Shipowner.
  17. The provisions of this paragraph apply to the Consumer and to the Entrepreneur on the rights of the Consumer.
  18. To pursue claims in court proceedings is available to the Passenger after ineffective exhaustion of the route of complaints, and to the Shipowner – after ineffective summons of the obliged Passenger for payment.

§12 WITHDRAWAL FROM CONTRACT, OPERATIONS ON PURCHASED TICKETS

  1. The Customer has the right to withdraw from the Contract under the purchased Tickets, in accordance with the rules for exercising this right of withdrawal described in these Regulations.
  2. Tickets not used due to expiration are not exchangeable or refundable.
  3. The Shipowner will not make a refund if the Ticket is destroyed or lost.
  4. Customer’s exercise of the right of withdrawal (return) is possible 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 Contract, the funds to which the Customer is entitled to a refund shall be returned immediately, no later than within 14 days depending on the form of payment processing chosen by the Customer when purchasing the Ticket and email arrangements with the Shipowner.
  7. The customer may use the withdrawal form attached to these terms and conditions, or may contact the Shipowner by phone or email for information on the process of processing the withdrawal.

§13 PROVISIONS FOR 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 business-to-business trade under Art. 558 § 1 of the Civil Code, the parties exclude the Store’s liability under warranty.
  3. The shipowner has the right to withdraw from a contract concluded with a client who is a businessman without giving any reason, within 14 calendar days from the date of its conclusion, by sending the client an appropriate statement, including electronically to the e-mail address provided by the client. This does not give rise to any claim 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 payment method chosen by the Entrepreneur or the conclusion of the Contract.
  5. The total liability of the Shipowner to the Client who is a Professional Entrepreneur for non-performance or improper performance of the Contract, is limited to the amount of the paid price of the Product, in case of intentional damage. The Shipowner shall not be 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 seat of the Shipowner.

§14 PROVISIONS FOR ENTREPRENEURS ON 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, but do not have a professional character for him, arising in particular from the subject of his business activity on the basis of the provisions of the Central Register and Information on Business Activity, in accordance with Article. 3855, 5564 and Art. 5565 of the Civil Code Law and Art. 7 aa of the Consumer Rights Law.
  2. Entrepreneur, referred to in the first paragraph of this section, will be affected by the provisions of these Regulations that apply to the Consumer, i.e. among others:
    • Digital services provided electronically,
    • Cancellation of a contract concluded at a distance or off-premises,
    • Complaints and non-conformity of the Product with the contract,

      within the limited scope of Art. 7aa of the Law on Consumer Rights and Art. 3855, Art. 5564 and Art. 5565 of the Civil Code Law. Otherwise, the provisions of the Regulations on Professional Entrepreneurs shall apply.

  3. Entrepreneur on the rights of the consumer, accepting these Regulations during the purchasing process, and then exercising his rights listed in this paragraph, should complete the appropriate form of complaint or withdrawal from the contract, and in particular the data confirming the circumstances supporting his status in accordance with Article. 7 aa of the Consumer Rights Act or provide this information by other means.
  4. The Entrepreneur referred to in the paragraph above declares in the form sent to the Shipowner or otherwise that the purchased Product and thus the concluded Agreement are directly related to his/her business activity, but they are not of a professional nature for him/her, resulting in particular from the subject of his/her business activity on the basis of the provisions on the Central Register and Information on Business Activity, which he/she does to prove that he/she meets the conditions to be considered such an entrepreneur. The forms are annexes to these Regulations.

§15 PERSONAL DATA AND COOKIES

According to Art. 13 para. 1 and paragraph. 2 RODO (i.e. Regulation 2016/679 of the European Parliament and of the Council (EU) of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC) and the Law of May 10, 2018. On the protection of personal data I inform you that:

  1. The administrator of the Client’s personal data is Krystian Kapusta conducting business under the name Aqua Fun Krystian Kapusta, at the address Bulwar Czerwieński dz. No. 172/7, 31-069 Kraków, NIP: 6791224838 in accordance with the document generated from the system of Central Registration and Information on Business Activity, also referred to as the Shipowner/Armsman in the Regulations. The Administrator independently performs the tasks of the Data Protection Officer. You can contact the Administrator using the following details: e-mail: info@rejsy.krakow.pl, Phone number: +48 604 299 000 or in writing to the Administrator’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 Administrator, the conclusion of which occurs as a result of acceptance of these Regulations, pursuant to Art. 6 paragraph. 1(b) of the DPA (necessary for the conclusion and/or performance of the contract). This is necessary for the performance of this contract (fulfillment of the Product order) and customer service related to the concluded contract.
  3. Customer’s personal data may also be processed for the following purposes and on the following legal grounds:
    • issuing an invoice and fulfilling other obligations under tax law – pursuant to Art. 6 paragraph. 1(c) of the RODO (legal obligation);
    • The execution of payment transactions through an electronic payment operator – on the basis of Art. 6 paragraph. 1(b) of the DPA (necessary for the conclusion and/or performance of the contract);
    • processing of complaints or claims – pursuant to Art. 6 paragraph. 1(b) of the DPA (necessary for the conclusion and/or performance of the contract);
    • To establish, assert or defend against claims – on the basis of Art. 6 paragraph. 1(f) RODO (legitimate interest of the administrator);
    • telephone contact on matters related to the implementation of the service – pursuant to Art. 6 paragraph. 1(b) of the DPA (necessary for the conclusion and/or performance of the contract);
    • storage of unpaid orders – pursuant to Art. 6 paragraph. 1(f) RODO (legitimate interest of the administrator);
    • Creation of registers and records related to RODO – based on Art. 6 paragraph. 1(c) RODO (legal obligation) and Art. 6 paragraph. 1(f) RODO (legitimate interest of the administrator);
    • archives and evidence, for the purpose of securing information that can be used to prove facts – pursuant to Art. 6 paragraph. 1(f) RODO (legitimate interest of the administrator);
    • use of cookies on the site and sub-sites of the Store – based on Art. 6 paragraph. 1(a) RODO (consent);
    • For the purpose of direct marketing directed to the customer – on the basis of Art. 6 paragraph. 1(f) RODO (legitimate interest of the administrator).
  4. Provision of personal data is voluntary, but necessary for purposes related to the performance of the contract and the fulfillment of the Administrator’s legitimate interests. Their failure to do so will make the conclusion and execution of the Agreement impossible.
  5. The customer’s personal data will be processed for the period of execution 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 you choose to use the Administrator’s services and leave them on another basis and for the purpose indicated to you.
  6. The Customer’s personal data will be shared with other data recipients, such as, for example, services providing IT system maintenance and hosting services, provider of e-mail service, payment system, law firm, subcontractors and contractors involved in the work of the Online Store, etc.
  7. Due to the fact that the Administrator uses external providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the Customer’s data may be transferred to the United States of America (USA) in connection with its storage on American servers (in whole or in part). Google and Facebook, based on the implementation decision of the European Commission of July 10, 2023, issued under Regulation (EU) 2016/679 of the European Parliament and of the Council, stating the adequate level of protection of personal data under the EU-U.S. 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 be transferred only to recipients who guarantee the highest data protection and security, including by:
    • cooperation with processors of personal data in countries for which a relevant decision of the European Commission has been issued,
    • Use of standard contractual clauses issued by the European Commission,
    • application of binding corporate rules approved by the relevant supervisory authority,

      or to those whose personal data the Customer has agreed to provide.

  8. The customer has the right to access the content of his/her data, to correct, delete or limit processing, the right to object to processing, the right to data portability, the right to request access to data, as well as the right to lodge a complaint to the supervisory authority – the President of the Office for Personal Data Protection, if he/she considers that the processing of his/her data is incompatible with current data protection laws. He or she also has the right to be forgotten if further processing is not provided for by current laws.
  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. Withdrawal of consent shall not affect the processing of data performed on the basis of consent before its withdrawal.
  10. The Customer’s data will not be processed in an automated manner, including profiling within the meaning of the RODO, which means that the Administrator 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 Store, the Shipowner takes technical and organizational 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 unauthorized persons.
  12. Detailed rules for the collection, processing and storage of personal data used to process orders through the Store, and the cookie policy are described in the Privacy Policy, which can be found at: https://statek-krakow.pl/polityka-prywatnosci

§16 OUT-OF-COURT MEANS OF DISPUTE RESOLUTION AND CONSUMER REDRESS

  1. The shipowner agrees to submit any disputes arising in connection with the
    with concluded contracts for the supply of the Product through mediation proceedings. Details will be determined by the conflicting parties.
  2. The consumer has the option of using out-of-court means of handling complaints and claims. The consumer has the opportunity to, among other things. To:
    • to apply to the permanent amicable consumer court with a request
      for the settlement of a dispute arising from the concluded contract,
    • to apply to the provincial inspector of the Trade Inspection with a request
      to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Shipowner,
    • free use of the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
  3. For more detailed information on out-of-court ways of handling complaints and claims, the consumer can look for on the website http://www.uokik.gov.pl and at the offices and websites of district (city) consumer ombudsmen, community organizations,
    whose statutory tasks include consumer protection or the Provincial Trade Inspection Inspectorates.
  4. Consumers 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 businesses seeking out-of-court settlement of disputes over contractual obligations arising from the
    From the Internet contract or service contract.
  5. The case can be considered by the arbitration court only after the conclusion of the complaint procedure and if both parties to the dispute agree. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

§17 OPINIONS - FUNCTIONING WITHIN THE STORE

  1. As part of the Store, the opinions of customers of the Store and / or people who have used the services of the Shipowner are presented.
  2. Opinions in the Store may appear in different places in the Store and on different subpages: in the description of the Product (Cruise) or in a special tab used for leaving opinions under a given Product in the “Opinions” tab or similar. They can also link to external tools or services that present customer reviews, e.g. Google’s business card, social media, including the Facebook fanpage and the “Reviews/Reviews” tab, or services like Opineo, etc. They can also be presented in different formats, such as video, pdf, written opinion with the image and customer data of a particular Product with partially presented personal data or without any personal data.
  3. Each customer of the Store has the opportunity to leave an opinion about the purchased Product and thus agrees to publish it within the Store and for the purposes specified by the Shipowner.
  4. Shipowner 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 shall take the reasonable and proportionate steps contained in these Regulations to verify that these opinions come from customers. Among other things: it attempts to obtain permission to publish reviews for marketing purposes outside the Store, to distribute selected or all reviews, or to verify that a given review came from a Store customer.
  5. Opinions presented within the Store are verified by the Shipowner in such a way that the Shipowner verifies that the opinion left by a person comes from customers.
  6. If the opinion is questionable to the Shipowner, 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 opportunity to contact the Shipowner to clarify the situation and determine the reasons.
  7. The shipowner is not obliged to publish opinions in the Store and is entitled to remove them when, in his opinion, it is justified. It can also publish selected opinions.
  8. The shipowner does not use reviews bought, sponsored, or obtained through barter. Shipowner does not post or have another person post false opinions or recommendations or distort opinions or recommendations to promote Products in the Store.

§18 DEFINITIONS, PROCEDURES, DUTIES AND POWERS RELATED TO DSA

  1. This paragraph of the Privacy Policy sets forth information about any restrictions that the Administrator imposes in connection with the use of its services, with respect to information provided by Recipients of the service, including, but not limited to: information about any policies, procedures, measures and tools used for content moderation, including algorithmic decision-making and human review, as well as the rules and regulations of the internal complaint handling system, about any material changes to the terms of service, and the mechanism for reporting Illegal Content. The administrator provides the above. information and terms of use of the Service in an understandable and legible manner. The Administrator designs, organizes and operates its Websites (and interfaces) in a manner that does not mislead or manipulate Users or otherwise materially interfere with or impair Users’ ability to make free and informed decisions.
  2. The Administrator is a provider of Indirect Services, as defined by the DSA, offering hosting services.
  3. The Administrator provides Indirect Services through 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), via:
    • Allowing Users to leave comments under posted posts,
    • adding posts,
    • Adding ratings and reviews,
    • other forms of interaction to leave the Content available in the aforementioned. portals.
  4. Definitions used in the body of this paragraph and the Policy shall mean:
    • Administrator – as defined in § 2 para. 1 of the Privacy Policy as well as an entrepreneur, i.e. an individual or legal entity, whether public or private, that acts – including through a person acting on its behalf or for its benefit – for purposes related to its commercial, business, craft or professional activities, providing the services referred to in this paragraph, including information society services on the Service.
    • Service Recipient – a Customer or 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 provided by the User in any form within the Service, Social Media or other platforms and venues owned or moderated by the Administrator, in particular within the Service or the functionalities of these venues made available to the User.
    • Illegal Content – means information that in itself or by reference to an action does not comply with the law of the Union or with the law of any Member State that is in compliance with the law of the Union, regardless of the specific subject matter or nature of that law.
    • Content Moderation – means actions, whether automated or not, taken by the Administrator or its cooperating intermediate service providers, which are aimed, in particular, at detecting, identifying and combating illegal content or information that does not comply with the terms of use of their services, provided by Recipients of the service, including measures implemented that affect the availability, visibility and reachability of such illegal content or information, such as the deposition of such content or information, demonetization, preventing access to or removal of such content or information, or that affect the ability of Service Recipients to transmit such information, such as the closure or suspension of a Recipient’s account.
    • Indirect service – means one of the following information society services provided by the Administrator:
      • a “mere transmission” service involving the transmission on the telecommunications network of information provided by the Service Recipient or the provision of access to the telecommunications network;
      • a “caching” service consisting of the transmission in the telecommunications network of information provided by the Recipient of the service, involving the automatic, indirect and short-term storage of this information, made solely for the purpose of facilitating the subsequent transmission of information at the request of other recipients;
      • “hosting” service to store the information provided by the Recipient of the service and at his request.
    • Online platform means a hosting service that stores and disseminates information to the public at the request of the Recipient of the service, unless such activity is an insignificant or solely incidental 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 way to circumvent the application of the DSA.
    • Public dissemination – means making information available at the request of the Recipient of the service, who provided the information, to a potentially unlimited number of third parties.
    • Social media – social media platforms, within the framework of which the Administrator creates additional channels of communication with the User or Recipient of the information or content provided by the Administrator, whether as part of publishing content publicly available to a wide audience, or as part of other forms of contact with the Recipient of the content, including contact related to commercial offers, which in particular refers to: private or public social groups, channels on social media platforms, public accounts referred to, among others. In the Privacy Policy, the so-called. fan pages, communication channels, inside these social media platforms, etc.
Point of contact

The Administrator 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 Administrator, 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 content that does not comply with the Administrator’s terms of service

You may not post the following Content on the Service, the Online Platform or the Administrator’s Social Media :

  1. Illegal Content or Content that does not comply with the Privacy Policy,
  2. Content containing vulgarities, third-party hate speech, spam,
  3. Content contrary to good morals, in particular content that is offensive, or violates religious feelings, personal rights of third parties, or shows a lack of respect in accordance with generally understood social norms and rules of social coexistence, Content that is racist, vulgar, promoting violence, containing pornographic content, fascist, discriminatory, with sexual overtones, inappropriate for underage users, etc..,
  4. Content that violates the rights of third parties, such as copyrights or intellectual property rights, or that aims to disclose company secrets or other confidential information,
  5. Content containing links to other websites (links), entities other than the Service, competitive websites or online stores, for which the Administrator has not given prior consent, in particular advertising, marketing, fundraising, or other links of a commercial nature,
  6. Content exhorting and advertising other services, platforms, social media, etc.
  7. Content that is not related to a particular Administrator service or any activity of the Administrator or the Service, or Content that is not related to the subject matter of the Service or the Administrator’s Social Media,
  8. Content containing personal or contact information,
  9. Repetitive Content that has already appeared on the Service or the Administrator’s Social Media (the User is obliged to verify before publishing the Content that it will not be a copy of existing Content),
  10. Content of a technical nature, inquiries related to customer support regarding the Administrator’s products or services (for this purpose, the User should contact the data posted in the Privacy Policy).
Illegal Content Submission Procedure, Appeal Procedure and Content Moderation
  1. A User who considers a given Content to be Illegal Content or Content in violation of this Privacy Policy is entitled to report such Content to the Administrator by e-mail to the e-mail address included in the Privacy Policy, together with an indication of the place where the Administrator may review the aforementioned Content. Content and all necessary details for processing the application, including contact details of the User and third parties involved (if possible).

    The user may use the Illegal Content reporting form attached to this privacy policy.

  2. If the contact details of the User reporting the Content in question are not provided, the Administrator will not be able to contact the User in order to notify him/her of the receipt of the report and the result of the processing of the report.
  3. The Administrator will immediately notify the User of the receipt of a notification of the Content in question.
  4. The Administrator shall make decisions on the application within no more than 14 days from the date of acceptance of the application, in a non-arbitrary, objective manner and with due diligence. For the purposes of processing and decision-making, the Seller does not use automated means.
  5. The Administrator shall notify the User without undue delay of the result of the decision on the application, its content and justification.
  6. If there is Illegal Content or Content that does not comply with the Terms of Service, the Administrator may remove it, limit its visibility, prevent access to it, deposit it or leave it on the Service. It may also suspend, terminate or otherwise restrict monetary payments, if such occur on the Service, suspend or terminate the service in whole or in part, or suspend or terminate the account of a User or a third party. At the same time, he informs the user and the third parties involved of his decision by providing them with clear and specific reasons for the decision (if he has their contact information).
  7. The user may appeal against the decision of the Administrator within 14 days from the date of receipt of the decision, while providing reasons.
Administrator’s Responsibility for User Content

The Administrator is not responsible for User Content, especially Illegal Content left within the Service or the Online Platform, if the User’s actions are in violation of the Privacy Policy or generally applicable laws. The Administrator shall make every effort to deal with such Content in a manner that complies with generally applicable laws and the Privacy Policy, among others. does not modify the Content in a way that affects the integrity of the information transmitted or shared, does not facilitate the posting of Illegal Content, takes prompt action to remove or prevent access to it in accordance with the Privacy Policy with respect for the Users’ fundamental rights, including the right to freedom of expression and information, and takes all actions in good faith and with due diligence.

Algorithmic decision-making

There is no algorithmic decision-making within the Service, including decisions related to User appeals.

Cooperation with public authorities on notifications of Illegal Content

In the event that the Administrator acquires any information giving rise to a 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 shall immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of his suspicion and provide all available information on the subject.

Transmission of information to the coordinator of the National Security Council. digital services

The administrator passes on to the coordinator of the digital services competent for the place of establishment and the Commission, upon their request and without undue delay, 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. Coordinator of the digital services or the Commission may request that the Administrator provide additional information regarding the calculation, including explanations and justifications regarding the data used. This information must not contain personal data.

Termination of use of the Administrator’s services

You are entitled to terminate your use of the Administrator’s services at any time. For this purpose, he may use the available forms of termination such as ceasing to observe the Administrator’s Social Media, or by deleting his posted Content, as well as he may contact the Seller at the details provided in this Privacy Policy. This provision does not affect the Administrator’s obligations and rights under other generally applicable laws and further storage of data, including personal data, in particular for the purposes indicated in the Privacy Policy and arising under the RODO or other laws.

Changes in the rules of use of the Administrator’s services

The Administrator, through appropriate means, will immediately inform the User about significant changes introduced in the terms of use of the Administrator’s services, including but not limited to the following in the event of a change in the rules regarding information allowed on its services or about other such changes that may directly affect the ability of Recipients to use the service.

§19 FINAL PROVISIONS

  1. Contracts concluded through the Online Store and services provided are performed in the Polish language and under the provisions of Polish law.
  2. The shipowner reserves the right to make changes to the Regulations for important reasons, that is, for example: changes in legislation, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations, changes in technology. The new regulations enter into force on the date of publication on the Shipowner’s online platform on the subpage: Regulations.
  3. The version of the Terms and Conditions in effect on the date of conclusion of the Agreement shall apply to Agreements concluded before the amendment of the Terms and Conditions.
  4. If any provision of these Regulations is found to be inconsistent with generally applicable laws and violates the interests of consumers, the Shipowner declares the application of the indicated provision.
  5. Settlement of disputes between the Shipowner and the Customer, who is a consumer within the meaning of Art. 221Civil Code, shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  6. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code, Carriage Law, Inland Shipping Act, Consumer Rights Act, Electronic Services Act, Act on Combating Unfair Competition, Personal Data Protection Act and General Data Protection Regulation (RODO).

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

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

The effective date of these regulations: 19.04.2024 r.

Attachments: