Regulations
TERMS AND CONDITIONS OF THE ONLINE STORE
WWW.TANIBILET.EU
§ 1
GENERAL PROVISIONS
- The store www.tanibilet.eu operates under the terms of these Regulations
- The Regulations define the conditions for entering into and termination of Sales Agreements for Services, the procedure of complaint, as well as the types and scope of services provided electronically by the Shop www.tanibilet.eu, rules for the provision of these services, the conditions for entering into and termination of contracts for the provision of services by electronic means.
- Each Service Recipient, as soon as he undertakes activities aimed at using the Electronic Services of the Store www.tanibilet.eu, is obliged to comply with the provisions of these Regulations.
- The Seller does not provide travel services within the meaning of the Act of November 24, 2017 on travel events and related travel services. Any Services provided by the Seller constitute advice and are intended to support the Customer in traveling independently.
- The Seller shall not be responsible for the Customer’s failure to comply with the formal requirements for entry into a country (e.g., possession of a valid passport or visa) or to take advantage of a particular offer.
- In matters not regulated by these Regulations, the provisions of:
6.1.the Consumer Rights Act of May 30, 2014,
6.2.the Act on Providing Electronic Services of July 18, 2002, .
6.3.Law on out-of-court resolution of consumer disputes dated September 23, 2016,
6.4.the Civil Code Act of April 23, 1964.
6.5.and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
- REGULATIONS – these regulations of the Store
- SHOP – Service Provider’s online store operating at www.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Store.
- REGISTRATION FORM– a form available at www.tanibilet.eu that allows you to create an Account.
- ACCOUNT – marked with an individual name (login) and password, a set of resources in the ICT system of the Service Provider, in which the Customer’s data are collected, including information about the Orders placed.
- ORDER FORM – a form available on the website www.tanibilet.eu that allows you to place an Order.
- VENDOR, SERVICE PROVIDER – Marcin Waclaw performing business activity under the name Marcin Wysocki TANIBILET.EU entered in the Central Register of Records and Information on Business Activity of the Republic of Poland conducted by the Minister responsible for the economy, place of business and address for delivery: ul. Śląska 29, 43-100 Tychy, NIP: 5482528758, REGON: 243600536, electronic mail address (e-mail): [email protected], telephone number: 661 293 058.
- USER – a natural person, a legal person or an organizational unit without legal personality , to whom an act grants legal capacity, using an Electronic Service.
- CUSTOMER – a Customer who intends to conclude or has concluded a Sales Contract with the Seller.
- CONSUMER – a natural person who performs a legal transaction with an entrepreneur not directly related to his/her business or professional activity.
- PACKAGE– a specific Service, the description of which is presented on the website www.tanibilet.eu. Individual Packages differ in the scope of advice and the method of delivery.
- ENTERPRISENTERPRISE – a natural person, a legal person and an organizational unit that is not a legal person, to which the Act grants legal capacity, conducting business or professional activity on its own behalf .
- SERVICE – a service available in the Store, consisting of finding a flight and/or accommodation in another country for the Customer by the Service Provider or providing assistance in arranging formalities related to obtaining a visa to another country, being the subject of a Sales Contract between the Customer and the Seller.
- SALE AGREEMENT – Agreement for the sale of Services concluded between the Customer and the Seller through the Store. .
- ORDER – the Customer’s statement of intent constituting an offer to conclude a Service Sales Agreement with the Seller.
- PRICE – the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Service.
§ 3
INFORMATION ON SERVICES AND ORDERING THEM
- Store www.tanibilet.eu sells Services via the Internet.
- The information on the Store’s website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Service under the terms and conditions stated in their description.
- The price of the Service shown on the Store’s website is given in Polish zloty (PLN) and includes all components.
- The Price of a Service shown on the Store’s website is binding at the time the Customer places an Order. This price will not change regardless of any changes in Store Prices that may occur for particular Services after the Customer has placed an Order.
- The Seller clearly informs Customers about the Unit Prices and promotions and reductions of the Service Prices. In addition to the information about the reduction, the Seller shall make visible the lowest Price of the Service that was in effect during the period of 30 days prior to the introduction of the reduction, and if the Service is offered for sale for a period of less than 30 days – the Seller shall make visible their lowest Price that was in effect during the period from the date of commencement of offering the Service for sale until the date of introduction of the reduction.
- Orders can be placed through the website using the Order Form (Shop www.tanibilet.eu) – 24 hours a day, all year round.
- In order to place an Order, the Customer is not required to register an Account with the Store.
- The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept its provisions at the time of placing the Order.
- Services available in the Store are intended solely for the Customer’s own use and may not be used for other purposes in particular of an advisory or informational nature for other persons.
- Features of the Service vary depending on the Package selected by the Customer. Detailed features of the Service, i.e. the scope of advice and the type of offers sent, are presented in detail in the description of the specific Package available at www.tanibilet.eu.
- The Seller is not responsible for changing the price of a specific offer (e.g. flight or accommodation offer), which was sent to the Customer as a performance of the Service. In the event of a change in the price of a sent offer, the Customer may request the submission of another offer.
- In the event that the Service Provider is forced, prior to the commencement of the Service for reasons beyond its control, to change the material terms of the Agreement with the Client, it shall immediately notify the Client.
- In the situation referred to in clause 12 of this paragraph, the Customer is obliged to immediately inform the Seller whether: .
13.1. accepts the proposed amendment to the Contract, or
13.2. withdraws from the Sales Agreement with immediate return of all benefits paid by the Customer and without obligation to pay any contractual penalty.
- If the Customer withdraws from the Sales Agreement in accordance with Section 13 of this paragraph or if the Seller cancels the performance of the Service constituting the subject of the Sales Agreement for reasons beyond the Customer’s control, the Customer shall have the right at his/her option:
14.1. receive a substitute Service of the same or higher standard, unless he agrees to a Service of lower standard for a refund of the price difference,
14.2. demand an immediate refund of all the services he has contributed. - Seller shall be liable for non-performance or improper performance of the Service, unless the non-performance or wpml_nbsp > improper performance is caused solely by:
15.1. the act or omission of the Customer,
15.2. the acts or omissions of third parties not participating in the performance of the services provided in the Sales Agreement, if such acts or omissions could not have been foreseen or avoided,
15.3. force majeure (an event of accidental or natural nature, i.e. natural, unavoidable, such that the Seller has no control over, especially events of a catastrophic nature and extraordinary events in the form of disturbances of collective life, such as war, national unrest, epidemics) - Offers presented by the Seller included in a given Package may differ from the instructions indicated in the form by the Client. In case of inability to present offers with the characteristics indicated by the Client, the most similar/beneficial offers available to the Client will be prepared. Such action of the Seller shall not constitute improper performance of the Service.
§ 4
CONCLUSION OF THE SALES CONTRACT
- In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller, in accordance with § 3 item 6 and 8 of the Terms and Conditions.
- Once the Order is placed, the Seller immediately confirms its receipt.
- Confirmation of receipt of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail message.
- Confirmation of receipt of the Order shall include:
4.1. confirmation of all essential elements of the Order,
4.2. a withdrawal form,
4.3. these Terms and Conditions containing instructions on the right to withdraw from the contract.
- As soon as the Customer receives the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
- Each Sales Contract will be confirmed by a proof of purchase (VAT Invoice), which will be sent via mail electronic mail to the Customer’s email address provided in the Order Form.
§ 5
METHODS OF PAYMENT
- The seller makes payment available through an electronic payment system (Przelewy24.pl).
- In case of payment via electronic payment system, the Customer shall make payment immediately after placing the order. The electronic payment system allows you to pay by credit card or quick transfer from selected Polish banks.
- The service will be provided only after it has been paid for.
§ 6
SERVICE
- The Service shall be provided after the expiration of the deadline for withdrawal from the Service Agreement, unless the Customer has previously expressly agreed to provide the Service before the expiration of the deadline.
- The service consists in providing advice on the organization of an independent trip abroad. The scope of the advice provided depends on the package ordered by the client.
- The average turnaround time for the Service is 3 – 15 working days, but no more than 30 working days.
- Subject to paragraph 1, the provision of the Services shall be made via e-mail after positive authorization of the transaction by the electronic payment system.
- Detailed descriptions of the individual Services, as well as details about the elements included in them, can be found on the Store’s website (www.tanibilet.eu).
- The Services are performed using e-mail, via the e-mail address indicated by the Customer in the Order Form. The Customer will receive advice, constituting the performance of the Services at the indicated e-mail address.
- As part of a specific Service, the customer receives offers for trips to three different destinations. J If the Vendor assesses that the indicated destination is rare and complicated, then within the
package will only prepare a proposal for that one destination, while in the
if you want to receive three different options, to equally exotic destinations,
then he will offer a surcharge for the VIP option. - In the case of selection by the Customer of packages FLIGHT, HOTEL, FLIGHT + HOTEL, SECRET TRAVELER and VIP: a. The customer who is dissatisfied with the offers indicated by the Seller shall be given two amendments, which consist in modifying the offer, or presenting another offer,
- If the customer is not satisfied or cannot use the offer presented in the amendments, he has the right to use the OFFER OF THE DAY package.
- The specific features that the Service should meet are indicated in the Order Form, which is filled in by the Customer when placing the Order.
- The features of the Service indicated in the Order Form may be changed if the Customer, via e-mail, requests the Seller to specifically modify the form, and the Seller accepts this change.
- The purchased service is valid for a period of 12 months from the date of order confirmation by the Seller.
§ 7
ADVERTISEMENT
- The basis and scope of the Seller’s liability to the Customer who is a Consumer or an entity o referred to in § 10 of the Terms and Conditions for non-compliance of the Service with the contract are set forth in the Law on the Rights of the Consumer of May 30, 2014.
- The basis and scope of the Seller’s liability to the Customer who is an Entrepreneur referred to in § 9 under warranty are set forth in the Civil Code Act of April 23, 1964.
- The Seller shall be liable to the Customer, who is an entity referred to in § 10 of the Terms and Conditions, for the lack of compliance of the Product or Service with the contract, existing at the time of performance of the Service and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on behalf of the Seller is longer.
- Notification of the Service’s non-conformity with the contract and submission of the corresponding request can be made via email to: [email protected].
- In the above electronic message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.
- The Seller will respond to the Customer’s request immediately, but no later than within 14 days of notification of the complaint.
- In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.
- The Customer may demand first to bring the Service into compliance with the Contract. Price reduction and withdrawal from the Contract may be requested by the Customer only in the cases specified in the Consumer Rights Act of 30 May 2014.
- In connection with a legitimate complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller shall respectively: .
9.1. shall bring the Service into conformity with the Contract at its expense,
9.2. reduce the price of the Service (the reduced price must remain in the proportion of the price of the Service conforming to the Agreement to the Service not conforming to the Agreement) and return the value of the reduced price to the Consumer or the entity referred to in § 10 at the latest within 14 days from the receipt of the authorized statement of that Consumer or entity referred to in § 10 about the price reduction,
9.3. refund the price of the Service not later than 14 days from the date of receipt of the statement of withdrawal. - The response to the complaint is provided on paper or other durable medium, such as an email or SMS message.
- The Seller shall not be liable for the improper performance of the obligation by airlines, persons providing hotel services and any other entities whose services were indicated by the Seller’s offers. Any claims should be directed to the entities that provided or were to provide the said services.
§ 8
RIGHT OF WITHDRAWAL
- Subject to point 4 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has entered into a remote agreement, may withdraw from it without giving reasons, by submitting an appropriate statement within 14 days.
- In the event of withdrawal from the contract, the contract is considered not concluded.
- The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall count:
3.1. for a contract in the performance of which the Seller delivers the goods being obliged to transfer their ownership – from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third person indicated by them other than the carrier) took possession of the product,
3.2. for a contract which involves multiple goods to be delivered separately, by instalments or in parts, from the taking possession of the last good, instalment or part thereof,
3.3. For a contract consisting in the regular delivery of goods over a defined period of time, from the taking possession of the first good,
3.4. for all other contracts, from the date of conclusion of the contract.
- The right of withdrawal from a contract concluded remotely does not apply to the Consumer or entity referred to in § 10 of the Terms and Conditions, in the case of a Contract.:
4.1.
for which the consumer is liable to pay the price, if the Seller has performed the service in full with the consumer’s express and prior consent, who has been informed before the performance begins that he will lose his right of withdrawal after the Seller has performed the service and has acknowledged it,
4.2.
where the subject matter of the performance is a non-refabricated good made to the consumer’s specifications or to meet his or her individual needs.
- The right of withdrawal from the Contract shall be vested in both the Seller and the Customer, in case of non-performance by the other party to the contract of its obligation within a strictly defined period of time.
§ 9
PROVISIONS FOR ENTREPRENEURS (B2B)
- This paragraph contains provisions that apply only to entrepreneurs who are not covered by the protection of the Consumer Rights Act, as mentioned in § 11 of the Regulations.
- The Seller has the right to withdraw from the Contract concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Contract in this case may take place without specifying any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
- The Seller has the right to limit the payment methods made available by him to non-consumers, including requiring prepayment of part or all of the Price regardless of the payment method chosen by the Customer and the fact of concluding the Contract.
- Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a notice of termination to the Service Recipient who is not a Consumer.
§ 10
PROVISIONS FOR ENTREPRENEURS ON THE RIGHTS OF CONSUMERS
- A sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act provided that the contract he enters into with the Seller is directly related to his business activity, but from the content of the contract it follows, that it is not of a professional nature for him, resulting in particular from the subject matter of the business activity performed by him.
- The business person referred to in Section 1 of this paragraph shall be covered only with respect to: .
2.1. prohibited contractual provisions – so-called abusive clauses,
2.2. liability for non-compliance of the Service with the contract,
2.3. right of withdrawal from the contract concluded at a distance,
2.4. principles concerning the contract for the provision of Digital Services.
Translated with DeepL.com (free version)
- The Entrepreneur referred to in Section 1 of this paragraph shall lose his/her rights under consumer protection in the event that the Sales Agreement he/she has entered into with the Seller has a professional character, which is verified on the basis of the Entrepreneur’s entry in the Central Business Register and Information on Business Activities of the Republic of Poland, in particular the Polish Business Classification codes indicated therein.
Translated with DeepL.com (free version) - Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider allows through the Store to use Electronic Services such as: .
1.1. conclusion of Sales Agreements,
1.2. prowadzenie Konta w Sklepie.
- Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions set forth in Regulations.
- The service provider has the right to post advertising content on the Store’s website. This content, are an integral part of the Store and the materials presented therein.
§ 12
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Provision of Electronic Services specified in § 11 points 1.1 and 1.2 of the Regulations by the Service Provider is free of charge.
- The period for which the contract is concluded:
2.1. umowa o świadczenie Usługi Elektronicznej polegającej na umożliwieniu złożenia Zamówienia w Sklepie zawierana jest na czas oznaczony i ulega rozwiązaniu z chwilą złożenia zamówienia albo zaprzestania jego składania przez Usługobiorcę,
2.2. umowa o świadczenie Usługi Elektronicznej polegającej na prowadzeniu Konta w Sklepie zawierana jest na czas nieoznaczony. Zawarcie umowy następuje w chwili wysłania przez Usługobiorcę uzupełnionego Formularza Rejestracji. - Technical requirements necessary to work with the ICT system used by the Service Provider:
3.1 computer (or mobile device) with Internet access,
3.2 email access,
3.3 web browser,
3.4 enable Cookies and Javascript in the web browser. - The Customer is obliged to use the Store in a manner consistent with the law and morality, taking into account respect for personal rights and intellectual property rights of third parties.
- The recipient is obliged to enter data in accordance with the facts.
- The recipient is prohibited from providing unlawful content.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
- Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to: [email protected].
- In the above email, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
- Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
- The Service Provider’s response to the complaint shall be sent to the Customer’s e-mail address provided in the complaint application or in any other manner provided by the Service Provider.
§ 14
TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the agreement for provision of Electronic Services: .
1.1. an agreement for the provision of Electronic Services of a continuous and indefinite nature (maintaining an Account) may be terminated,
1.2 The Customer may terminate the agreement with immediate effect and without indicating the reasons by sending a relevant statement via e-mail to: [email protected]. 1.3. Usługodawca może wypowiedzieć umowę o świadczenie Usługi Elektronicznej o charakterze ciągłym i bezterminowym w przypadku, gdy Usługobiorca narusza Regulamin, w szczególności, gdy dostarcza treści o charakterze bezprawnym po bezskutecznym wcześniejszym wezwaniu do zaprzestania naruszeń z wyznaczeniem odpowiedniego terminu. Umowa w takim wypadku wygasa po upływie 7 dni od dnia złożenia oświadczenia woli o jej wypowiedzeniu (okres wypowiedzenia),
1.4. wypowiedzenie prowadzi do ustania stosunku prawnego ze skutkiem na przyszłość.
- The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time in by mutual agreement.
§ 15
INTELLECTUAL PROPERTY
- All content published on the website at www.tanibilet.eu is protected by copyright and (subject to § 15 point 3) is the property of Marcin Waclaw performing business activity under the name Marcin Wysocki TANIBILET. EU, entered in the Central Register of Records and Information on Business Activity of the Republic of Poland conducted by a competent minister of economy, place of business and address for delivery: ul. Śląska 29, 43-100 Tychy, NIP: 5482528758, REGON: 243600536. The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of www.tanibilet.eu without the consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.tanibilet.eu constitutes an infringement of the Service Provider’s copyright and will result in civil and criminal liability.
- All trade names, company names and their logos used on the Store’s website at www.tanibilet.eu belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and images presented on the Store’s website at www.tanibilet.eu are used for informational purposes.
§ 16
FINAL PROVISIONS
- Contracts concluded through the Store are concluded in accordance with Polish law.
- If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Terms and Conditions.
- Any disputes arising from Sales Contracts between the Store and Consumers will be resolved first by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes shall be resolved by the competent common court, in accordance with Section 7 of this paragraph.
- Judicial settlement of disputes:
4.1 Possible disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964.
§ 10 of the Terms and Conditions, shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964,
4.2. possible disputes arising between the Service Provider and the Customer (Client) who is not at the same time Consumer, referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the registered office of the Service Provider.
- A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also avail themselves of free assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
- In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at http://ec.europa.eu/consumers/odr/.