Regulations for the provision of electronic services

INTRODUCTION.

Implementing the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144 item 1204 as amended), European Legacy Tours J. Kozioł introduces these Regulations defining in particular the types and scope of services provided electronically, the conditions for the provision of these services, including technical requirements and prohibitions on the delivery of illegal content, privacy policy, the conditions for the conclusion and termination of agreements for the provision of services by electronic means and the conditions for the transmission of commercial information and the procedure for complaints. 

Chapter 1 
General provisions.

  1. Definitions of terms used in the Regulations:
    • Law – Law on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204);
    • General Data Protection Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of personal data and the repeal of Directive 95/46/EC (Official Journal of the EU.L 2016 No. 119);
    • ICT system – a set of cooperating IT devices and software, providing processing and storage, as well as ensuring the sending and receiving of data via telecommunications networks by means of a terminal device appropriate for the type of network, as defined in the Telecommunications Law;
    • Services provided electronically – the performance of a service, which is carried out by sending and receiving sensitive data by means of data communications systems, or at the individual request of the Service Recipient, without the simultaneous presence of the parties, while the data are transmitted over public networks within the meaning of the Telecommunications Law;
    • Means of electronic communication – technical solutions, including data communication devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between data communication systems, in particular electronic mail;
    • Service Provider – European Legacy Tours Jolanta Koziol, Niewodniczańskiego Street 22i, 30-698 Kraków, NIP 945-104-88-58, REGON: 350642084 is the registration data of the Service Provider, who is a party to the contract for the provision of services being a natural person, legal entity that undertakes to comply with these Regulations;
    • Usługobiorca – podmiot, który zamówi świadczenie określonych usług drogą elektroniczną;
    • Technical specification – a set of information about the Service Provider’s information and communication system and the technical requirements necessary to work with this system;
  2. By ordering the service, the Customer confirms that he/she has read the description of the service, the terms and conditions of its provision by the Service Provider and the Terms and Conditions, and states that he/she accepts all the provisions of the Terms and Conditions. 

Chapter 2 
Types and scope of services provided electronically.

  1. The service provider provides services electronically, in particular:
    • Contact form;
    • Sending secure links for online payments;
  2. The service provider also provides services on the basis of separate agreements, the object of which is to provide services electronically. 

Chapter 3
Conditions for the provision of electronic services.

  1. The Service Provider shall provide services to the Service Recipient to the extent and under the terms and conditions set forth in these Regulations or an individual offer, if such has been submitted and accepted by the Service Recipient.
  2. The recipient undertakes to comply with these regulations. 
  3. The Service Recipient shall comply with the prohibition of abuse of electronic communication means and shall not deliver through or to the Service Provider’s data communication systems the following content that may:
    • Cause upset or overload of the Service Provider’s ICT systems or other entities directly or indirectly involved in the provision of electronic services;
    • Violate the welfare of third parties, generally accepted social norms or are inconsistent with generally applicable laws. 
  4. The customer has the right to expect access to the full functionality of online payments at any time, except for the time needed for upgrades, updates, maintenance or other contingencies.
  5. The Service Provider shall provide the Service Recipients with secrecy of communication called “telecommunication secrecy”, which covers information transmitted on the Internet, including data concerning and entered by the Service Recipients only within the Service Provider’s ICT system and only in cases where the information covered by telecommunication secrecy is not public in principle or its disclosure is not necessary for the proper provision of the service to which it relates. Information covered by telecommunications secrecy may be disclosed only in cases specified in the contract or in applicable laws. 
  6. Information covered by telecommunications secrecy may be processed by the Service Provider only if the processing of such information is the subject of the service provided to Service Recipients, is necessary for its proper performance or supervision of the proper operation of the Service Provider’s ICT system. 
  7. Access to information, including information on changes in the manner and scope of the Service Provider’s provision of services, and to information required to be provided to the Customer under Article 6 of the Law on Provision of Electronic Services, the Service Provider will be implemented through the Website and  through an email newsletter. 
  8. The detailed technical requirements necessary to work with the Service Provider’s ICT system are detailed in  Appendix 1. 

Chapter 4
Card payments.

  1. Accepted payment card types
    • The service provider accepts the following types of payment cards: Visa, MasterCard, American Express;
    • The cards must be valid and registered to the person making the payment.
  2. All card payments are processed in accordance with international security standards, such as PCI DSS;
  3. Transactions may require authorization, including verification by 3D Secure systems.
  4. The customer is entitled to a refund under the same conditions under which the payment was made.
    • In the event of a complaint, the customer should follow the complaint procedure specified in Chapter 6 of these Regulations.
  5. The service provider ensures the protection of personal data and payment card information in accordance with applicable data protection regulations
  6. The service provider reserves the right to make changes to the terms and conditions of card payments. Any changes will be communicated to users at the designated time before they take effect.

Chapter 5 
Conditions for the conclusion and termination of contracts.

  1. According to Article 38 of the Law on Consumer Rights, the right to withdraw from a contract concluded off-premises (e.g. booking portals, websites www) or remotely is not granted to the consumer with regard to contracts: for the provision of accommodation services, leisure services, if the contract specifies the day or period of service provision.
  2. For detailed return terms and conditions, please refer to the “Returns and Complaints Policy” available at: https://www.eltours.com/returns-and-complaints/

Chapter 6
Complaint procedure.

  1. Complaints may be filed for the following reasons:
    • Failure, through the fault of the Service Provider, to meet the deadline specified in the concluded contract for the commencement of services to the Service Recipient;
    • Failure to perform, or improper performance of services or defective billing.
  2. The complaint must be in writing under pain of nullity. 
  3. A complaint may be filed within 30 days from the date on which the service was to be provided or was provided. 
  4. A complaint about the non-performance or improper performance of a service must include the subject matter of the complaint and the circumstances justifying it. 
  5. The Service Provider will consider the complaint within 14 days counting from the day it was filed. 
  6. If the terms of the complaint procedure are violated, the complaint may not be recognized.
  7. Complaint form and Detailed terms and conditions of the complaint can be found in the document “Returns and Complaints Policy” available at: https://www.eltours.com/returns-and-complaints/

Chapter 7
Transitional and final provisions.

  1. In matters not covered by these regulations, the provisions of the Civil Code (Journal of Laws of 1964 No. 16, item 93 with later amendments), the Act on Providing Services by Electronic Means (Journal of Laws of 2002 No. 144 item 1204 with amendments) and other provisions of generally applicable law shall apply. 
  2. The competent court to resolve disputes arising under these Terms and Conditions shall be the common court of competent jurisdiction for the seat of the Service Provider, except when the Service Recipient is a consumer. 
  3. In matters of dispute arising from the translation of the text of the regulations, the original text of the regulations in Polish shall take precedence. The Polish version of the regulations is available at https://polanddmc.pl/regulamin-swiadczenia-uslug-droga-elektroniczna/

Appendix 1
Minimum technical requirements.

  1. Minimum technical requirements for the use of services provided electronically by European Legacy Tours J. Koziol:
    • Internet connection: 1 Mbit/sec 
    • Browser plug-ins: Java/Flash
    • Cookies: Yes 
    • Javascript: Tak 
  2. Comfortable technical requirements needed to use services provided electronically:
    • Internet connection: 6 Mbit/sec
    • Browser plug-ins: Java/Flash 
    • Cookies: Yes 
    • Javascript: Tak 
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