REGULATIONS OF WK TRAVEL INSPIRATIONS WEBSITE
(Terms & Conditions)
1. GENERAL PROVISIONS
- These Regulations define general principles of using the Website. Each User is obliged to observe the provisions hereof if s/he intends to use the Website or the Services provided hereunder.
- Witold Kowalski, conducting economic activity under the business name 'WK Profit Consulting Witold Kowalski' Zygmunta Słomińskiego 7/65, 00-195 Warsaw, entered into the Business Activity Central Register and Information Record, Tax ID No. (NIP): PL5261022368, Statistical ID No. (REGON): 010955300, is responsible for organizing the Website content, managing it and providing the Services through the Website.
WK Travel Inspirations or WK Travel - Witold Kowalski, conducting economic activity under the business name 'WK Profit Consulting Witold Kowalski', ul. Zygmunta Słomińskiego 7/65, 00-195 Warsaw, entered into the Business Activity Central Register and Information Record, Tax ID No. (NIP): PL5261022368, Statistical ID No. (REGON): 010955300, responsible for organizing the Website content, managing it and providing services through the Website
User - a person who gained access to the Services provided by WK Travel through the Website on terms defined in the Regulations
Client - a User who registered at the Website, thereby getting a possibility to order Advisory Services provided by WK Travel on terms defined in the Regulations
Recommended External Service - a third party which is able to ensure the performance of travel services for the benefit of the Client
Website - the online platform to which WK Travel is entitled, operated under the name 'WK Travel Inspirations' and consisting of webpages and other tools made available through the Internet at the following address: www.wktravel.eu, www.wkinspirations.travel and other related domains owned by WK Travel
Services - services provided electronically by WK Travel to the Users through the Website on terms and conditions defined herein, enabling the Users in particular to:
- get familiar with materials prepared by or on behalf of WK Travel, posted on the Website;
- use IT mechanisms and tools available through the Website;
- make trade transactions on the Internet through or by means of the Website;
- make use of Advisory Services provided by WK Travel once the User has been registered as a Client.
Advisory Services - services provided electronically by WK Travel through the Website to the Clients on terms defined in these Regulations under one or more of the following options:
- Reports on touristic regions
- Ready travel itineraries with hotel recommendations
- Itineraries for 1, 7, 14 days without booking travel services
- Subscription for 24 days of travel itineraries
Registration - a procedure of opening Account on the Website by the User; upon its completion, the User is provided with access to Advisory Services as the Client
Account - an account set up by WK Travel for the Client under unique name (login), where the Client's data and information about her/his actions are gathered
Regulations - the Website Regulations available to the Users at the following address:https://www.wktravel.eu/pl/i/Regulamin/3 it is also made available to the Clients when registering, signing up for WK Travel’s newsletter and each time when placing an order for Advisory Services
Region - an area located within one or more countries, recommended by the Website as travel destination
2. TECHNICAL REQUIREMENTS
- In order to use the Services provided through the Website, it is necessary to have an Internet access device and a web browser. The minimum capacity of the Internet connection - dedicated Internet connection or mobile connection - is 1 Mbit/s, but suggested capacity is 2 Mbit/s. It is recommended to use the following browsers that guarantee the Website correct operation: Chrome, Firefox, Opera, Internet Explorer and Safari.
- In order to use all functionalities available through the Website, it is necessary to use a browser allowing the cookies handling.
- Any natural person may be the Website User.
- Only an adult person may be the Website Client.
- WK Travel and the User enter into an agreement for the provision of the Services, unless otherwise provided in these Regulations, when the User's browser sends a request to the server to display the Website content. Such agreement is terminated upon closing the Website by the User.
- All the communication between WK Travel and the Users takes place by electronic means. The User may contact WK Travel by sending an email to the address: firstname.lastname@example.org or by using the contact form available on the Website.
- There are two types of Services rendered to the Users:
- Free Services consisting in sharing with the Users (through the Website) the contents and functionalities, in particular via Newsletter, Blog, etc.
- Advisory Services: payable, unless these Regulations provide otherwise.
6. Each User may order free Newsletter. This publication is regularly distributed to the Users via email and is dedicated to travel & historic titbits, promotions, contests, events and new products offered by WK Travel, or other materials related to the Website’s subject matter. The User may subscribe to the Newsletter using on-line application form available on the Website. To order the Newsletter, the User must click on ‘Sign up’ button, provide her/his email address, agree for processing his/her personal data by WK Travel for marketing purposes and confirm an order by clicking the 'Sign up' button. Then, the User receives an email from WK Travel with a notification of his/her request to sign up to WK Travel Newsletter and by clicking on the link from the email, the User confirms his/her acceptance to add his/her email address to WK Travel Newsletter database and to receive the Newsletter from WK Travel. The User has the right to cancel the Newsletter at any time. The subscription may be cancelled by clicking the 'Unsubscribe' link at the bottom of each received email. The User's email address will be deleted from the address database within 2 working days and it will be followed by a message confirming the operation. WK Travel reserves the right to:
- provide the User, as part of the Newsletter, with advertisements and commercial information within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No144, item 1204, as amended);
- temporary suspend the Newsletter mailing for technical reasons;
- stop sending the Newsletter without providing the Users with the reasons of such decision, upon prior notice from WK Travel to the Users who ordered this Service.
7. Report on Region contains general information about the region, logistic information, list of attractions for children, list of tourist attractions with their description and quality assessment, 1-3 sample itineraries in the region and photos of selected regional attractions. A sample Region Report for Andalusia is available for free download on the site's home page.
8. Itinerary for 1, 7, 14 days without booking travel services contains itinerary for the number of days paid by the customer, broken down into individual days, a description of the proposed attractions with an assessment of their quality, as well as recommendations for hotel reservations on specific days and places, and depending on the needs Client: recommendations for booking tourist services (e.g. guides), car rental, booking flights from the client's country to the region visited and back, etc. Based on the recommendations of WK Travel, the client makes the necessary reservations.
9. Subscription for 24 days of travel itineraries includes many route plans for a maximum of 24 days, broken down into individual trips and those broken down into days, a description of the proposed attractions with an assessment of their quality and hotel reservations on individual days, as well as recommendations for booking hotels on specific days and places, and depending on the client's needs: recommendations for booking tourist services (e.g. guides), car rental, booking flights from the client's country to the visited region and back, etc. Based on the recommendations of WK Travel, the client makes the necessary reservations himself.
10. Ready travel itinerary with hotel recommendations contains itinerary for the specific region and number of days paid by the customer, broken down into individual days, a description of the proposed attractions with an assessment of their quality, as well as recommendations for hotel reservations on specific days and places, and depending on the needs Client: recommendations for booking tourist services (e.g. guides), car rental, booking flights from the client's country to the region visited and back, etc. Based on the recommendations of WK Travel, the client makes the necessary reservations.
11. Preparation of any customized itinerary (point 7) requires the Customer to provide WK Travel with information necessary to plan the trip, which is done via the Website's contact form, by e-mail or by completing the survey provided by WK Travel. Failure to provide complete information about the customer's planned journey prevents the correct and timely delivery of the Services.
11. WK Travel reserves the right to:
a) sending within the Newsletter advertisements and commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
b) temporary suspension of sending the Newsletter for technical reasons;
c) completely stop sending the Newsletter without giving a reason, after prior notification to Users using this Service.
4. PLACING AN ORDER, PAYMENT AND IMPLEMENTATION OF THE SALE
1. WK Travel makes it possible to conclude a Sales Agreement by placing an Online Order by the Customer, via the Online Store platform, available continuously 7 days a week;
2. In order to conclude a Sales Agreement through the Store, one or more paid Services must be selected by undertaking subsequent technical activities based on the messages displayed to the Customer available on the Store's website. The choice of paid Services is made by the Customer by adding them to the Shopping chart.
3. Until you press the "Buy and pay" button - the Customer has the option of modifying the entered data, correcting errors and within the scope of selected Products.
4. After the Customer has provided all the required data, a summary of the Order will be displayed, which will contain information on, in particular:
- the subject of the Order (Product name, short description);
- unit and total price of ordered Products,
- the online payment method chosen by the customer.
5. In order to send an Order, it is necessary to accept and confirm acceptance of Regulations and press the "Buy and pay" button. Sending the Order by the Customer constitutes the conclusion of the Sales Agreement, in accordance with the store Regulations.
6. After placing the Order, the Customer receives an e-mail: "Thank you for your purchase. Please find attached the Region Report you have chosen "and from that moment the contract has been realized.
7. Only correctly placed Orders will be processed. A properly placed Order means the Customer has entered all the data necessary for the conclusion of the Sales Agreement and its implementation. The order will not be processed if:
a) providing incorrect or false contact details by the Customer preventing the execution of the Order;
b) incorrect submission of the Order by the Customer preventing its execution;
c) objectively justified recognition by WK Travel that Order placed by the Customer there is an attempt of fraud, which should be understood as any of the Customer's actions in connection with the submission and implementation of the Order, which is unlawful, and in particular such activities as: breaking the store's security , using the Store platform contrary to its purpose, using someone else's login or password or impersonating another person
8. Standard order processing time, i.e. sending Report on Region in electronic form after the Customer has made the payment by card - immediately after obtaining a positive authorization from payment provider.
9. Current pricelist for Advisory Services provided on the Website. All prices of Advisory Services are gross prices, in EUR and include VAT in the amount specified by the applicable provisions of law. Delivery of Reports in electronic form are free of charge.
10. WK Travel reserves the right to change prices, currency, methods of payment and / or placing inquiries, in particular due to changes in technical or substantive principles of the Website operation, and also in the case of changes in the applicable provisions of law. However, the payment for Advisory Services ordered before changing prices or changing the payment method (s) shall be due in the amount and on terms binding at the time such order was placed.
11. WK Travel accepts all types of payment cards that can be used to make payments, including Visa, Visa Elektron, MasterCard, MasterCard Electronic, Maestro. Payment services related to the execution of orders placed on the Website are provided by PayPal (Europe) à r.l. et Cie, S.C.A. based in Luxembourg as part of the website under the name PAYPAL, under the conditions set out in the regulations for the provision of these services available on the website at https://www.paypal.pl or https://www.paypal.com. Blue Media S.A. is also an entity providing online payment services for WK Travel.
12. On the Client’s request through e-mail or Contact Page, WK Travel can issue a VAT invoice for paid and delivered Advisory Services.
13. The Customer is not entitled to return the Services provided electronically by WK Travel. However, if there is a need to return funds (e.g. for technical reasons) for a transaction made by the Customer with a payment card, WK Travel will make a refund to the bank account assigned to the payment card of the Customer's ordering.
5. RESPONSIBILITIES OF THE USER
- The User undertakes to use the Website in accordance with (i) the provisions of law applicable in the country of the Website operation, (ii) the provisions of law that the User is subject to, (iii) the provisions of these Regulations and (iv) the principles of social coexistence. The User is primarily obliged:
- to refrain from any actions that could cause malfunctions of the Website or third parties' websites, directly or indirectly involved in the Services provision;
- not to conduct any commercial, advertising, promotional activity;
- to refrain from running any penetration tests and/or the Website security tests.
- The User undertakes not to violate the rights and privileges of third parties, in particular third parties’ copyrights and personal rights.
- The Website itself and any materials available on or distributed through the Website, including works (e.g. photographs, texts, illustrations, graphic diagrams), trademarks, databases as well as their selection and combinations, are protected under the applicable provisions of law, in particular: the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2006, No. 90, item 631, as amended), the Act of 27 July 2001 on the Protection of Databases (Journal of Laws 2001, No. 128, item 1402, as amended), the Act of 30 June 2000 on Industrial Property Law (Journal of Laws 2003, No. 119, item 1117, as amended) and the Act of 16 April 1993 on Combating the Unfair Competition (Journal of Laws 2003, No. 153, item 1503, as amended).
- WK Travel or third parties have the rights to the Website itself and to any materials available on or distributed through the Website. In case a third party is entitled to the above-mentioned right(s), WK Travel makes use of intangible goods under these rights based on (i) relevant agreements concluded with such third parties, particularly on the basis of the license agreements and the author’s economic rights transfer agreements, or (ii) on the applicable provisions of law.
- The use of the Website and any of materials made available on or distributed through the Website does not entitle the Users to acquire any rights or licenses to these materials and/or contents.
- Without WK Travel prior consent, the Users may use the works and databases available on the Website or distributed through the Website only on terms provided for in the above-mentioned legal acts. It is particularly unacceptable to:
- reproduce, modify, block, publicly perform and make public on the Internet the works and databases made available on or distributed through the Website, unless otherwise stated in the applicable provisions of law;
- download the content of the databases and re-utilize it in whole or in part substantial as to the quality or quantity.
7. PERSONAL DATA
- The Users' and the Clients' personal data controller is Witold Kowalski, conducting his business activity under the business name 'WK Profit Consulting Witold Kowalski', ul. Zygmunta Słomińskiego 7/65, 00-195 Warsaw, entered into the Business Activity Central Register and Information Record, Tax ID No. (NIP): PL5261022368, Statistical ID No. (REGON): 010955300.
- The Users and/or the Clients provide their personal data voluntarily; the purpose of the data processing by WK Travel is to ensure a proper performance of the agreements which subject is rendering of the Advisory Services, concluded through the Website by and between WK Travel and the User and/or the Client. The data will be processed specifically to: register the Client on the Website, place orders through the Website and process them, promote the Services, settle the Clients' payments for the provision of Advisory Services (including keeping records of payment confirmations, entering data into the fiscal cash register and issuing VAT invoices).
- The Users' and/or the Clients' personal data are processed on the basis of and on terms specified in particular in the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 2002, No. 101, item 926 as amended) and the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2013, No. 1422, as amended).
- WK Travel is entitled to process personal data and obliged to ensure suitable protection of the data provided by each User and each Client. The Clients registering on the Website will be asked to provide the following data: name(s) and surname(s), date of birth, email address, phone number, residence address and/or correspondence address, country of residence, level of interest (very interested, interested, not interested, open to explore) in the presented tourist attractions (as regards history, geography, art, architecture, nature and tourist activities). The Users who ordered only the Newsletter will be asked to provide just their email address.
- WK Travel may entrust to a third party, on the basis of a written agreement, with the task of processing personal data of the Users and/or the Clients to the extent and for the purposes provided herein.
- Except as indicated in the clause 7(5) hereof and except in cases provided for in the provisions of law, the Users' and the Clients' personal data will not be disclosed to any third party or entity.
- Upon the Client's consent delivered to WK Travel via email the Users' and/or the Clients' personal data may also be processed for direct marketing purposes regarding the Services provided by WK Travel (including the Newsletter distribution) also if the Client previously took advantage of one of the paid Advisory Services specified in these Regulations and once such Advisory Services have been fulfilled by WK Travel.
- WK Travel provides the necessary technical and organizational measures to ensure the Users' and the Clients' personal data security, including but not limited to the measures to prevent unauthorized persons from having access to such data and/or to prevent the processing of these data in breach of the provisions of law. WK Travel will also provide tools to prevent the data loss, damage or destruction.
- The Users and the Clients have the right to control the processing of their personal data, in particular they have right to: (i) access their personal data, (ii) update and modify them, (iii) temporarily and/or permanently suspend their consent to personal data processing and (iv) request to remove the data from database. The Users and the Clients may exercise this right by means of an application form sent to WK Travel via email.
8. CONSENT TO PERSONAL DATA PROCESSING
- While registering on the Website and when ordering the Newsletter, the User will be asked for giving her/his consent to process the User’s personal data by WK Travel to the extent and for the purposes specified herein as well as in the applicable provisions of law.
- In case the User does not consent to personal data processing, WK Travel will not be able neither to provide the User with Advisory Services nor send the Newsletter.
9. INFORMATION ON WEB COOKIES
- Web cookies (also known as 'cookies') are small files, mostly text ones, that are stored and processed on the User's devices, posing no risk or harm to these devices. Cookies support the Website operation, allow better adjustment of the Website content to the Users' needs and collect anonymous statistics which may increase the Website functionality and comfort of use.
- The Website available at the following address: www.wktravel.eu, wkinspirations.travel uses information contained in cookies.
- The Website may use both 'session and 'persistent' cookies. 'Session' cookies are temporary files which are erased when the User logs out, leaves website or closes web browser. 'Persistent' cookies are stored on the User's device until they expire (based on the duration period defined in cookies parameters) or until the User deletes cookies.
- The Website uses its 'own' cookies. However, it may also use 'external' cookies, that is files placed on the Website by external entities upon WK Travel consent.
- Accessing the Website through web browser accepting cookies on the User's device is tantamount to the User's consent to the use of information contained in cookies.
10. RESPONSIBILITIES OF WK TRAVEL
- WK Travel is not responsible for:
- the way the User makes use of the Website or for any consequences resulting from such use;
- any damage arising from the User's actions which are inconsistent with the applicable provisions of law or with the provisions of these Regulations;
- information obtained or downloaded from the Internet; in particular, WK Travel is not responsible for information downloaded from websites the addresses of which were made available on the Website, or which were in any way referred to on the Website, the consequences of using such information by the Users and/or the Clients, or its practical usefulness to the Users and/or the Clients;
- independent and non-culpable errors in the operation of applications made available to the Website Users;
- any damage caused by reasons that are not attributable to WK Travel and beyond its control, particularly caused by force majeure.
- WK Travel is not responsible for the User making the use of the Website in a manner inconsistent with the provisions hereof or the provisions of law.
- WK Travel is not responsible for damage incurred by the User as a result of risks associated with Internet usage, such as hacking the User's system, taking the passwords over by third parties, infecting the User's PC with malware, etc.
- The information and data published on the Website as well as reports submitted to the Clients as part of Advisory Services are prepared by WK Travel on the basis of both WK Travel own travel experience and generally available information; therefore, the Users and the Clients are encouraged to independently verify the completeness and correctness of information and data they are provided with.
- Although WK Travel has travelled to many places (both in the country and abroad) as a tourist, he has not encountered any difficulties that would make it impossible to continue the trip, reach the destination or safely return to the trip starting point. Nonetheless, one should keep in mind that travelling to certain parts of the world, country’s regions or areas of cities involves some risks and makes it difficult to keep the travellers safe. Therefore, WK Travel encourages the Users and the Clients to actively participate in preparations to the trip by keeping track of current political and economic situation in a given Region and following the information provided by authorities of the country of residence, national and local authorities of the country of destination and by international organizations and institutions. WK Travel does not assume responsibility for risks to which the Users and/or the Clients are exposed due to deciding to visit a given country, city, town or place subject to the order of Advisory Services.
11. AMENDMENTS TO THE REGULATIONS
- WK Travel reserves the right to make amendments and modifications to the Regulations, in particular due to changes in technical or substantive principles of the Website operation and also in case of changes in the applicable provisions of law. Except as described in the clause 11(2) hereof or unless otherwise stated, any changes to the Regulations become effective at the time they are published on the Website. Once information about amendments to the Regulations is posted on the Website or elsewhere as intended for this purpose, the User should immediately become acquainted with such amendments.
- If rendering of Advisory Services had commenced before amendments were made to the Regulations, the provisions of the Regulations in force at the moment of commencing the provision of these Services shall apply.
- As for Advisory Services ordered before amending of the Regulations shall be applied, the provisions of the Regulations in force at the moment of placing order or at the moment of making inquiry (provided that such inquiry was submitted as part of procedure related to given Advisory Service).
12. COMPLAINT PROCEDURE
- WK Travel will make every effort to ensure the highest quality of the Services rendered, in particular whilst rendering the Advisory Services. These Services are provided on the basis of 35 years of WK Travel individual travel experience.
- In case the Services are not rendered or are rendered inconsistently with the provisions of these Regulations, the User is entitled to file a complaint with WK Travel.
- The complaint should be sent by electronic mail to the following email address: email@example.com. WK Travel will deal with the complaint not later than within 14 days from the date of its receipt. An answer to the complaint, including information as to the result of dealing with such complaint and information regarding potential compensation in the event the complaint is acknowledged, will be sent to the User solely via email to the email address indicated by the User.
- After the delivery of Advisory Services in an electronic form to the Client, Client does not have a right to return Advisory Services. By accepting the Regulations, each time when the Client places orders for the Services, the Client agrees for this exclusion from his/her right to return the Advisory Services.
13. FINAL PROVISIONS
- WK Travel may assign the rights and obligations arising from agreements concluded between WK Travel and the Client to a third party upon the Client's separate consent given via email.
- The information and data provided by the User to WK Travel through the Website, including email correspondence between the User and WK Travel, are subject to secrecy of telecommunications and may be disclosed to a third party solely upon the User's separate consent or if the obligation to make them available stems from the applicable provisions of law.
- If the Client infringes the provisions hereof, WK Travel will call upon her/him via email to cease and/or to remove the infringements within a reasonable period of time. In case of failure to cease and/or to remove infringements within the appointed period of time, WK Travel may delete the Client's Account from the Website.
- Regardless of the content of these Regulations, the Users are entitled to exercise the rights foreseen in the binding provisions of law governing the protection of consumers’ rights in Poland.
- Any disputes between the WK Travel and the Users arising from or in connection with the provision of the Services offered on the Website shall be settled amicably as far as possible. If the Parties fail to come to an agreement, disputes will be settled by the court having jurisdiction on the basis of the applicable provisions of law.
- The provisions of these Regulations don’t exclude or restrict rights and privileges of the Clients being consumers, granted to the latest by mandatory legal provisions. In case of any discrepancies between these Regulations and the mandatory provisions of law, the indicated provisions of law prevail.
- If any provision of these Regulations is or becomes invalid or ineffective, the remaining provisions hereof remain in effect.