MEET MY CITY

Terms & Conditions

TERMS AND CONDITIONS FOR THE
MEETMYCITY.TOURS ONLINE SHOP

 

§ 1
GENERAL PROVISIONS

1. These Terms and Conditions shall govern all use of the meetmycity.tours online Shop by all Users.
2. The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the meetmycity.tours online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
3. By using the Electronic Services available through the Shop located at meetmycity.tours, the User agrees to be legally bound and to abide by these Terms and Conditions.
4. To all matters not settled herein the following provisions of law shall apply:
4.1. Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
4.2. Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
4.3. Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016 (Dz. U. 2016, item 1823),
4.4. Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.

 

§ 2
DEFINITIONS FOR THESE TERMS AND CONDITIONS

1. ORDER FORM – shall refer to the electronic form available at www.tripadvisor.com, required for Order placement.
2. CUSTOMER – shall refer to a User with a full capacity to perform acts in law concluding or willing to conclude a Sales Agreement with the Seller.
3. CONSUMER – shall refer to any natural person entering into a legal transaction with the Seller for purposes that are outside their business, trade or profession.
4. PRODUCT – shall refer to the service available at www.meetmycity.tours and covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
5. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
6. SHOP − shall mean the Service Provider’s online Shop located at www.meetmycity.tours.
7. SELLER, SERVICE PROVIDER – Anna Adamska trading as Meet My City Anna Adamska entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, principal place of business and address for service: ul. Ogrodowa 22, 55-093 Kiełczów, Poland, tax identification number NIP: 8991824840, statistical number REGON: 931948787, email address: info@meetmycity.tours, telephone number: +48 732 741 907.
8. THE SYSTEM OF OPINIONS – shall mean the Electronic Service made available to Customers by the Service Provider, enabling Customers to submit opinions about Products to the Website.
9. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
10. ELECTRONIC SERVICE - shall refer to the service provided electronically by the Service Provider via the Shop.
11. USER − shall refer to any natural person, a legal entity or an organisational unit without legal personality granted legal capacity under imperative provisions of law, using the Electronic Services.
12. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.

 

§ 3
PRODUCT AND ORDER INFORMATION

1. The Shop located at www.meetmycity.tours conducts retail sales of Products via the Internet.
2. Products offered through the Shop are free from legal defects and have been legally introduced onto the Polish market.
3. The information provided at meetmycity.tours does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
4. The Product prices at www.meetmycity.tours are given in Polish Zloty (PLN) or American Dollar (USD) and are gross prices. The Seller is a VAT-EU taxpayer.
5. The Product prices at www.meetmycity.tours only become binding when the Customer has placed an Order. This price is unaffected by any price changes for individual Products once the Order has been placed.
6. Orders can be placed:
6.1 through the website 24 hours a day, 365 days a year by completing an Order/Contact Form (the Shop meetmycity.tours),
6.2 via e-mail at: info@meetmycity.tours
6.3 by telephone: +48 732 741 907
7. Customers are required to read and accept these Terms and Conditions during Order placement.
8. There are a limited number of places available for Products available as part of a promotion. Orders for such Products will be processed in the order in which they are received.
9. If the Seller for reasons beyond his control, has to make changes to any significant provisions of the Agreement with the Customer before the performance of the service Product begins, he will notify the Customer of the fact without delay.
10. In the circumstances described in point 9 of this chapter the User is required to inform the Seller without delay whether:
10.1. He accepts the proposed change to the Agreement,
10.2. He withdraws from the Sales Agreement which involves an immediate return of all consideration previously provided by the Customer and without incurring any obligation to pay liquidated damages.
11. If the Customer withdraws from a Sales Agreement in accordance with the provisions set forth under point 10 of this chapter or if the Seller cancels the performance of the service which is the subject of the Agreement for reasons beyond the Customer’s control the Customer has the right to, depending on his choice:
11.1. receive a substitute service at the same or at a higher standard, unless the Customer agreed to receive a lower standard service and a reimbursement of the difference in price,
11.2. demand to have all considerations provided by the Customer returned without unnecessary delay.
12. The Seller is responsible for non-performance or improper performance of the service Product, unless the non-performance or improper performance is caused solely by:
12.1. the Customer’s act or omission,
12.2. an act or omission by any third party, not participating in the performance of services covered by the Sales Agreement if it was impossible to predict or avoid such an act or omission,
12.3. a force majeure (an accidental or a natural event i.e. a natural disastrous event, an event which is unavoidable for the Seller and beyond his reasonable control, specifically events such as the disastrous acts of nature or extraordinary events such as social upheaval like war or national riots).
13. Exclusion of liability for non-performance or inappropriate performance of the agreement, in circumstances described in point 12 of this chapter, does not release the Seller from his duty to provide assistance to aggrieved Customers during service performance.
14. The Customer is not obliged but may agree to the sharing of his email address with TripAdvisor LLC during Order placement for the purpose of completing a questionnaire with his opinion in respect to a Product.
15. Before placing an Order for a service Product which involves any physical activity the Customer is asked to consult medical personnel about his health or any disorders in order to receive appropriate information about possible contraindications for participation in the service performed.
16. The Customer is asked to pay special attention to the description of the service, its nature, intensity and influence on the body or to consult a doctor.

 

§ 4
CONCLUDING SALES AGREEMENTS

1. In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 6 and 8, by choosing one of the methods made available by the Seller.
2. After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
3. Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.
4. The Order confirmation email shall include all relevant Order details.
5. After receiving the confirmation email, as set forth under point 4, the Sales Agreement between the Customer and the Seller is finally concluded.
6. Each Sales Agreement shall be confirmed by a proof of purchase (an electronic bill or a VAT invoice at the Customer’s request) which shall be sent via e-mail to the e-mail address indicated in the Registration Form.

 

§ 5
METHODS OF PAYMENT

1. The following payment options are made available to the Customer:
1.1. Traditional bank transfer to the Seller’s bank account,
1.2. electronic payment via electronic payment systems of TripAdvisor LLC
2. Traditional bank transfers should be made to the following bank account: 89 1050 1575 1000 0097 0783 3803 (ING Bank Śląski S.A.) Meet My City Anna Adamska, ul. Ogrodowa 22, 55-093 Kiełczów, Poland, tax identification number NIP: 8991824840. Payments in USD should be made to the following bank account of the ING Bank: PL 30 1050 1575 1000 0097 0951 1704, BIC/SWIFT code: INGBPLPW Meet My City Anna Adamska, ul. Ogrodowa 22, 55-093 Kiełczów, Poland, tax identification number NIP: PL8991824840. Please enter the following in the payment title: “Order no. …..” .
3. All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as high-speed bank transfers in selected Polish banks.
4. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 working days from the date of its conclusion unless indicated otherwise in the Sales Agreement.
5. The service shall be performed only after payment is received.
6. The Seller may limit the scope of payment methods made available to the Customer who is not a Consumer regardless of the payment method chosen by the Customer who is not a Consumer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.

 

§ 6
COMPLAINTS PROCEDURE

1. Statutory warranty process.
1.1. The legal basis and the extent of the Seller’s liability to the Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
1.2. Notice of a Product defect and all demands should be submitted via email to the following address: info@meetmycity.tours or in writing to the following address: ul. Ogrodowa 22, 55-093 Kiełczów, Poland.
1.3. The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.
1.4. A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.
1.5. In the case of complaints submitted by Customers who are Consumers - the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour.
1.6. A response to the complaint is delivered to the Consumer on paper or another tangible medium.

 

§ 7
RIGHT TO WITHDRAW

1. With the stipulation of point 4 of this chapter Customers who are Consumers have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the Customer who is a Consumer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by submitting the model withdrawal statement provided by the Seller).
2. In the case of withdrawal from a Seles Agreement, the agreement is considered null and void.
3. The 14-day “cooling-off” period for a service counts from the date of concluding an agreement.
4. The right of withdrawal in any event does not apply to Sales Agreements:
4.1. for the supply of a service, after the service has been fully performed, the performance of the service begun with the Consumer’s prior express consent and with the acknowledgement that the Consumer would lose his right of withdrawal once the Agreement had been fully performed by the Seller;
4.2. for the supply of a service related to leisure, entertainment, sporting or cultural events, if the Sales Agreement indicates the day or period of service provision.
5. Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
6. The Seller has a right to withdraw from an Agreement concluded with the Customer who is not a Consumer within 14 days from the date of its conclusion. The Seller may withdraw from an Agreement without giving any reason for the withdrawal and without incurring any liability towards the Customer who is not a Consumer.
7. With the stipulation of chapter 3 points 10 – 12 the Seller has the right to demand reimbursement of actually incurred expenses and the return of the obligations fulfilled until receiving the notice of withdrawal (withdrawal from the agreement).

 

§ 8
TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider grants access to the following Electronic Services:
1.1. concluding Product Sales Agreements,
1.2. System of Opinions.
2. The provision of the Electronic Services to Users via the Shop is subject to the provisions of these Terms and Conditions.
3. The Service Provider reserves the right to display advertising content at www.meetmycity.tours. Advertisements are an integral part of the Shop and the content presented therein.

 

§ 9
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

1. The Electronic Services set forth under § 8 point 1 of these Terms and Conditions are free of charge.
2. Term of the agreement:
2.1. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate the moment the User places an Order or ceases to place an Order.
2.2. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
2.3. Electronic Services Agreement for submitting Opinions is concluded for a definite period of time and terminates the moment a User submits an Opinion to the Website or the moment a User ceases to submit an Opinion.
3. End-user hardware, network and software requirements for the ICT system used by the Service Provider:
3.1. a computer (or a mobile device) with an active Internet connection,
3.2. access to email account,
3.3. Internet browser,
3.4. enabling cookies and Javascript in the Internet browser.
4. The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
5. The User is obliged to provide accurate and complete information to the Service Provider.
6. The User is prohibited from providing any unlawful or illegal content.

 

§ 10
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES

1. Complaints about Electronic Services provided via www.meetmycity.tours should be submitted via email to info@meetmycity.tours.
2. All the aforementioned email messages should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
3. All complaints shall be reviewed without undue delay and, in any event, no later than within 14 days following the date of receipt.
4. A response to the complaint shall be sent by email to the email address indicated in the complaint by or other preferred method of contact indicated by the User.

 

§ 11
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

1. Terminating an Electronic Services Agreement:
1.1. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: info@meetmycity.tours.
1.2. The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
1.3. The notice of termination leads to a cessation of legal relations with the effect for the future.
2. The Service Provider may terminate an Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the User who is not a Consumer.
3. Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

 

§ 12
INTELLECTUAL PROPERTY

1. The compilation of all content at www.meetmycity.tours (with the stipulation of § 12 point 3 as well as materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of Anna Adamska trading as Meet My City Anna Adamska, ul. Ogrodowa 22, 55-093 Kiełczów, Poland, tax identification number NIP: 8991824840, statistical number REGON: 931948787. The User shall bear all liability for damages caused to the Service Provider as the result of any use of the content of the website located at www.meetmycity.tours without the consent of the Service Provider.
2. Any use by anyone or reproduction of the content of the website located at www.meetmycity.tours or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
3. All trade names, Product names, company names or logos mentioned on www.meetmycity.tours may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the website located at www.meetmycity.tours are used for information purposes only.

 

§ 13
FINAL PROVISIONS

1. Agreements concluded through the Shop are construed in accordance with the laws of Poland.
2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
3. Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this section.
4. Judicial dispute settlement procedures:
4.1. Any disputes arising between the Service Provider and the User (Customer) who is a Consumer shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
4.2. Any disputes arising between the Service Provider and the User (Customer) who is not a Consumer shall be settled by the court having jurisdiction over the Service Provider’s registered office.
5. Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting an application for mediation or an application for arbitration to the court of arbitration (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.