Terms and Conditions for the use of Hello Poland
(hereinafter also referred to as ‘the regulations’)
These Terms and Conditions define the general terms and conditions of activation and use of the Account and the rules of use of services provided by the Service Provider. Whenever the following capitalised terms are used in the further part of these Terms and Conditions, they shall be understood in the following sense, unless the context of their use clearly indicates otherwise;
Service Provider – Hello Poland Sp. z o.o. with its registered office in Wrocław (50-128), ul. Św. Mikołaja 19, registered in the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number 0000686920, NIP: 8971842378, with a share capital of PLN 100,000. Contact telephone: +48 667 999 906, e-mail address: firstname.lastname@example.org;
Partner – the owner or operator of a Tourist Attraction placed on the Hello Poland Platform, for which Tickets are available for sale via the Platform;
Tourist Attraction – an attraction of tourist, entertainment and scientific value, as well as other services that support tourist activity and various forms of spending free time, adapted to serve tourists and visitors;
Hello Poland or HPL Platform – an Internet platform of Market Place type available both as a website and a mobile application, being a marketing tool to promote and sell admission tickets to Tourist Attractions and other products and services offered by the Partner;
Hello Poland Application – a mobile application, i.e. software operating on mobile devices, operating on devices with using the mobile operating system iOS and on devices with the mobile operating system Android, available for download free of charge on the digital distribution platforms App Store and Play Store (Google Play) enabling Users to use HPL;
User – a natural person over 18 years of age who has full legal capacity and persons over 16 years of age but under 18 years of age to the extent that they can acquire rights and incur obligations under generally applicable law, using the Hello Poland Platform via a mobile application or website to obtain information on Tourist Attractions and to purchase Tickets;
Partner Attraction or Partner Facility – Partner’s Tourist Attraction;
Offer – a one-time or cyclical ticketed event, defined as an entrance to the Tourist Attraction, sightseeing, guided sightseeing, entry to a permanent or temporary exhibition, dedicated event or other form of spending free time, to which the Partner determines the available Ticket Pool;
Transaction – an activity between the Partner and the User, which is aimed at purchasing Tickets to the Partner’s Tourist Attraction, carried out through the Hello Poland Platform;
Payment Partner – a third party, through which the Hello Poland User will make payments relating to the purchase Transaction;
Ticket – confirmation of the right to use the Offer, in any form, in particular in an electronic form, which was purchased by the User through the Hello Poland Platform;
Opinions – Users’ opinions on Tourist Attractions, which Hello Poland may request from persons who purchased Tickets via the Hello Poland Platform;
Account – the account made available to the User within the HPL system in accordance with the Agreement for the Provision of Services, allowing the User to use additional functionalities/services;
Simplified Login – the procedure of registration or logging in to the HPL system by means of an Account of an External Service (e.g. “Facebook Connect” or “Google Plus”), whereby the User may use additional functionalities/services in accordance with the Agreement on Provision of Services: – Account of the External Service – User’s account in the External Service (“External Service” is a service provided electronically to the User by another service provider on the basis of a separate agreement), which, in accordance with the relevant regulations of the External Service, includes a specific set of information and data about the User, to whom registration and login takes place through parameters set by the User (e.g. login and password of the External Service Account). Removal of the External Service Account associated already (after Simplified Login) with the Portal Account does not cause removal of the User Account in the Portal, but in the absence of a separate password for the Portal Account, it may cause difficulties in logging in.
Newsletter – an electronic service enabling the User to receive, at the e-mail address provided by the User, free information from the Service Provider concerning their own products and services as well as products and services of Partners, adjusted to the User’s preferences.
Technical Requirements – minimum technical requirements, the fulfilment of which is necessary to use HPL and conclude a Service Provision Agreement as specified in Attachment No. 1 to these Regulations.
2. GENERAL INFORMATION
These Rules define the rules of using HPL, including the rules of executing Transactions involving the purchase of Tickets via HPL.
The use of HPL requires that the Terminal Equipment and the ICT system used by the User meet minimum Technical Requirements specified in Appendix 1 to the Regulations.
Acceptance of the Regulations is voluntary, but necessary to use the HPL, including the creation of an Account, subscribing to the Newsletter and purchasing a Ticket.
The detailed scope of services is specified in the following sections of the Regulations.
3. CONCLUDING A CONTRACT FOR THE PROVISION OF SERVICES WITHIN THE FRAMEWORK OF HPL
Service Provider provides free of charge to Users within the Account, in particular the following services:
enabling the creation of an Account (Service of creating and maintaining an Account);
access to purchased Tickets;
possibility of quick, safe and convenient purchase of Tickets;
search engine of Offers and Tourist Attractions;
self-curation of packages containing Offers and Tickets;
Calendar of Tourist Attractions;
The Service Provider shall provide the Newsletter service free of charge to Users.
The Service Provider undertakes to provide the services referred to in paragraphs 1 and 2 above to the extent and under the conditions specified in the Regulations.
The condition for using the services referred to in paragraphs 1 and 2 above is that the terminal equipment and ICT system used by the User meet the minimum Technical Requirements.
The Agreement for the Provision of Services shall be concluded when the box for acceptance of the Regulations by the User is checked under the registration form available on the HPL.
Personal data of the User are processed by the Service Provider as the administrator of personal data in order to perform the Agreement on the Provision of Services.
Strengthening, securing, making available and confirming to the User important provisions of the Agreement on the Provision of Services takes place in the form of an e-mail.
The Agreement on the Provision of Services is concluded in Polish for an indefinite period of time.
In order to ensure the proper performance of the Agreement on the Provision of Services, the User is obliged in particular to:
immediately update the data, including personal data, provided by the Service Provider in connection with the conclusion of the Agreement to Provide Services;
use the services offered by the Service Provider in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and principles of social coexistence adopted in a given scope, including in a manner not burdensome for other Users and the Service Provider and not interfering with the work of the Service Provider.
The User is also obliged to:
not to provide and not to transmit any content prohibited by the provisions of applicable law, in particular content infringing the economic copyrights of third parties or their personal rights;
not to take any action such as:
placing any content that violates the law (ban on placing illegal content);
undertaking IT activities or any other activities aimed at gaining access to information not intended for the User, including data of other Users;
unauthorized modification of the content provided by the Service Provider;
abuse of rights granted to the User by the Service Provider or legal regulations, in a manner that is contrary to the socio-economic purpose of a given law or to the principles of social coexistence.
Violation of any of the obligations indicated in section 7 or section 8 above shall be understood as a gross violation of the provisions of these Regulations.
4. TERMINATION OF THE SERVICE CONTRACT
The User may terminate the Service Provision Agreement with immediate effect, at any time, by contacting the Service Provider by sending an e-mail to: email@example.com
The Service Provider may terminate the Agreement on Provision of Services with the User at any time with at least 14 days’ notice for important reasons understood as a significant breach of the provisions of the Regulations by the User or discontinuation of the provision of services electronically by the Service Provider.
5. THE RULES OF PURCHASING TICKETS
HPL serves as a platform for the purchase of tickets for tourist attractions by the User from the Partner.
The purchase of a Ticket for Partner’s Tourist Attractions is possible both for Users with an Account and for Users who do not decide to open an Account.
The Partner decides about the description of the Tourist Attraction and the pool of Tickets.
The User makes a purchase by following the instructions appearing in the HPL, including in particular filling in appropriate forms for the necessary personal data, such as name, surname, telephone number, address of residence and e-mail address. Confirmation of the order, including the Buyer’s acceptance of its content and price, is done by using the icon with the text “buy now”.
Buyer declares that the data provided by him are true and correct and relate to his person.
In order to receive the Ticket, HELLO POLAND must obtain from the Payment Operator a confirmation of availability of funds necessary to pay the Transaction Price. HELLO POLAND reserves that the process of obtaining the confirmation referred to in the previous sentence may take up to 60 minutes from the moment of the Buyer’s choice of the form of delivery of the ticket and the confirmation of the option “buy now”. (“Pay”).
Ticket payments are handled by the Payment Partner.
If HELLO POLAND does not obtain confirmation of the availability of funds necessary to pay the Transaction Price from the Payment Operator within the time specified in points (a), (b), (c), (d) and (e). If HELLO POLAND does not obtain confirmation that the funds necessary to pay the Transaction Price are available from the Payment Operator within the time specified in point 2 or if it is notified that funds necessary to execute the Transaction are not available, HELLO POLAND will inform the Buyer that the Transaction cannot be executed. The transaction will also not take place if HELLO POLAND is informed about the lack of funds and at the same time does not inform the Buyer about this fact.
Purchase of a Ticket via HPL is subject to payment of the price. Prices are in gross amounts, including VAT, which is calculated in accordance with applicable regulations.
6. RULES FOR USING THE TOURIST ATTRACTION
The user is obliged to act in accordance with the regulations / rules set by the Partner in the framework of the Tourist Attraction.
The Partner verifies the fact that the Ticket is held by the User through, among others, a dedicated application. The User should be able to prove to the Partner that he has a Ticket. Detailed rules of verification are defined by the Partner.
7. RETURN PRINCIPLES
Pursuant to Article 38(1)(b) of the Act on the Protection of the Rights of Persons with regard to the Protection of Individuals with regard to the Protection of Individuals with regard to the Processing of Personal Data and The Act on Consumer Rights, the right to withdraw from the contract concluded outside the business premises or at a distance shall not be vested in the consumer in relation to the contract for the provision of services related to entertainment, sports or cultural events, if the contract specifies the date or period of service provision.
The partner may individually determine different rules for reimbursement or exchange of Tickets.
8. COMPLAINT RULES
The User has the right to lodge a complaint about services provided by the Service Provider at any time.
The User may submit a complaint about the services provided by the Service Provider, in particular in writing or by e-mail to the following address: firstname.lastname@example.org
In order to speed up the investigation of the complaint, the User may provide the following information:
User’s data, in accordance with the data provided during the Transaction execution,
date of execution of the Transaction and, if applicable, the identifier number of the Transaction to which the complaint relates,
description of the object of the complaint.
Complaints will be considered no later than within 14 days from the date of receipt of the complaint.
9. PERSONAL DATA
The administrator of Users’ personal data is Hello Poland Sp. z o.o. with its registered office in Wrocław (50-128), ul. Św. Mikołaja 19, registered in the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Department of the National Court Register under KRS number 0000686920, NIP: 8971842378, with the share capital of PLN 100,000. Contact telephone number to the administrator: +48 667 999 906, e-mail address: email@example.com.
Personal data is also processed by Partners who have the status of administrators in terms of personal data needed to purchase a Ticket. Personal data provided to the Partner are necessary for the performance of the contract concluded with him and are entrusted by the Partner to the processing of Hello Poland on the basis of a separate agreement to entrust data for processing. Information concerning the processing of personal data by individual Partners is available directly from the Partner. Contact details of the Partner are included in the description of Tourist Attraction.
Personal data will be processed for the time necessary to perform the Service Provision Agreement, and after its completion for the period and to the extent required by law in connection with the implementation of legal obligations.
Providing data is voluntary, but necessary to conclude a Service Provision Agreement. Failure to provide such data will prevent the conclusion of a Service Provision Agreement.
The Service Provider as the owner and manager of HPL shall make every effort to ensure that HPL and all services made available through it operate continuously without any interruptions, however, the Service Provider shall not be liable for any interruptions in the functioning of HPL caused by force majeure, equipment breakdown or unauthorized interference of Users, even if they caused loss of data in Users’ Accounts, which are not attributable to the Service Provider.
The Service Provider reserves the right to temporarily switch off the HPL in order to improve it, add services or carry out maintenance, after informing the Users about it in advance.
The User shall be fully responsible for any violation of law or damage caused by his actions in the HPL, in particular for providing illegal or unreliable, false data, disclosure of professional secrecy or other confidential information, violation of personal rights or copyrights and related rights.
The User is responsible for any damage caused by the use by the User of an unprotected and unprotected computer connected to the Internet.
Service Provider is not a party to agreements concluded between Users and Partners. Partners are solely responsible for the implementation of agreements concluded through HPL.
11. AMENDMENT OF THE RULES OF PROCEDURE
The Regulations come into force on 10.12.2018 and is available through HPL.
The Service Provider reserves the right to amend the Regulations in the event of the occurrence of at least one of the following important reasons (closed catalogue):
change of legal regulations governing the provision of services electronically by the Service Provider affecting mutual rights and obligations set out in the Agreement on the Provision of Services concluded between the Service Provider and the User;
the need to adapt the activity of the Service Provider to the orders, rulings, provisions or guidelines resulting from:
a decision of a competent public administration body within the scope of the activity of the Service Provider affecting mutual rights and obligations specified in the Agreement on the Provision of Services concluded between the User and the Service Provider; or
court ruling applicable to the activity of the Service Provider influencing mutual rights and obligations specified in the Agreement on the Provision of Services, concluded between the User and the Service Provider;
change in the manner of providing electronic services by the Service Provider caused exclusively by technical or technological reasons (in particular by updating the Technical Requirements);
change in the scope or principles of providing services by the Service Provider, to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Regulations and offered to the Consumer;
merger, division or transformation of the Service Provider or change of other data of the Service Provider.
In the event of changing the content of the Regulations on the terms specified above, Users have the right to terminate the Agreement for the Provision of Services within 14 days from the date of notification of the change to the Regulations in good time.
In the event of amendments to the Regulations, the Service Provider shall make the consolidated text of the Regulations available through publication on the Portal’s website and by sending a message to the e-mail address provided by the User.
12. FINAL PROVISIONS
The law applicable to the conclusion of the Service Provision Agreement shall be the law of the Republic of Poland, and courts of law shall be the common courts in the Republic of Poland, unless otherwise provided by mandatory provisions of law. Any disputes between the Service Provider and the User, who is not a consumer at the same time, shall be submitted to the court having jurisdiction over the seat of the Service Provider.
Selection of Polish law on the basis of the Regulations does not deprive the consumer of the protection granted to him on the basis of provisions which cannot be excluded by agreement between the Service Provider and the consumer under the law which, in accordance with the relevant regulations, would be applicable in the absence of choice.
The consumer has the right to use the online dispute resolution (ODR) platform in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
Below is a link to the ODR platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL and our e-mail address: firstname.lastname@example.org
The content of the Regulations are available to the Users free of charge at the following URL https://hello-poland.pl/about/terms-of-use where Users can browse and print it at any time.
ATTACHMENT NO. 1 TO THE REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS TECHNICAL REQUIREMENTS FOR THE USE OF THE PLATFORM
Minimum hardware requirements:
processor: x86 1GHz architecture or equivalent in other architectures
Operating memory: 512MB
Monitor and graphics card: XGA-compliant, minimum resolution 1024×768 16bit
Hard Drive: Any operating system support with a minimum of 100MB of free space
Mouse or other keypad + keyboard
Network card/modem: for access to the Internet at 512kbps
Minimum software requirements:
Operating System: Microsoft Windows 7 and above, Linux with X.ORG, MacOS 10.12 or above, the latest Android mobile systems and iPhone.
Web browser: Firefox 60 and above, Chrome 64 and above, Safari 12 and above