TERMS AND CONDITIONS | Mediteran Travel

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November 2018

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November 2018

TERMS AND CONDITIONS

TERMS AND CONDITIONS OF RENDERING ELECTRONIC SERVICES on www.mediteran.travel website

EMPYREAL TRAVEL sp. z o.o. with its registered office at the following address: Zakučac 10/d, 21310 Omisz, service address: Zakučac 10/d, 21310 Omisz, entered into the Business Register under KRS no.: 060384117, NIP: HR78176032108, with share capital of HRK 20,000, e-mail address: info@empyrealtravel.com, adopts these terms and conditions, thus complying with the provisions of the Act on Rendering Electronic Services of 18 July 2002, and undertakes to observe them.

General provisions

For the purposes of these terms and conditions, the following words will have the following meanings:
a) Booking Form – an online form available on the Website and used to book accommodation services online
b) Mediteran Travel – all camping sites run and managed by Empyreal Travel sp. z o.o.
c) Consumer – a natural person who enters into a legal transaction with the Service Provider, given that such a transaction is

not directly related to this person’s business or professional activity
d) Terms and Conditions – these terms and conditions of rendering electronic services on www.mediteran.travel website e) Online Booking – booking accommodation services in the ICT system in real time
f) Website – the website of the Service Provider available at the following address: www.mediteran.travel
g) ICT System – a group of cooperating IT devices and software used for processing and storing, as well as sending and

receiving data via telecommunication networks by means of a terminal appropriate for a given type of network, within the

meaning of the Telecommunications Act of 16 July 2004
h) Means of Electronic Communication – technical solutions, including ICT devices and software tools that cooperate with

them, enabling individual communication at a distance by using data transmission between ICT systems, in particular

electronic mail
i) Electronically Supplied Services – the performance of a service rendered without simultaneous presence of the parties

(remotely) through the transmission of data on individual demand of the Service User, transmitted and received by means of devices for electronic processing, including digital compression and data storage, which is entirely broadcast, received or transmitted by means of a telecommunications network within the meaning of the Telecommunications Act of 16 July 2004

j) Service Provider – EMPYREAL TRAVEL sp. z o.o. with its registered office at the following address: Zakučac 10/d, 21310 Omisz, service address: Zakučac 10/d, 21310 Omisz, entered into the Business Register under KRS no.: 060384117, NIP:HR78176032108, with share capital of HRK 20,000, e-mail address: info@empyrealtravel.com

k) Service User – an entity which uses services supplied by the Service Provider and is a natural person, a legal person or an organisational unit without legal personality which undertakes to observe these Terms and Conditions. The Service User is also an entity which orders the provision of specific services by electronic means in accordance with rules stipulated in these Terms and Conditions

l) Act – the Act on Rendering Electronic Services of 18 July 2002
m) Act on Consumer Rights – Act on Consumer Rights of 30 May 2014
n) Personal Data Protection Act – Personal Data Protection Act of 29 August 1997
o) Website Operator is EMPYREAL TRAVEL sp. z o.o. with its registered office at the following address: Zakučac 10/d, 21310

Omisz, service address: Zakučac 10/d, 21310 Omisz, entered into the Business Register under KRS no.: 060384117, NIP:HR78176032108, with share capital of HRK 20,000, e-mail address: info@empyrealtravel.com

Before the Service User uses services provided by the Service Provider via the Website, the Service User undertakes to read these Terms and Conditions and declares that he or she accepts them without it being necessary to draft a separate contract.

General terms and conditions of rendering electronic services

  1. a)  The Service Provider provides services for the Service User to the extent determined in these Terms and Conditions and in accordance with them.
  2. b)  The Service User undertakes to observe these Terms and Conditions.
  3. c)  The Service User is obliged not to abuse the means of electronic communication and not to provide any content to or viathe ICT System if such content could interfere with the functioning of the ICT System or cause its overloading, as well as content which could infringe on third party rights and generally accepted social norms, or content which violates generally applicable law.
  4. d)  The Service Provider stipulates the right to carry out maintenance works on the ICT System which could make it difficult or impossible for Service Users to use the services. The Service Provider will inform Service Users about any difficulties in using the services at least 24 hours before maintenance works start by posting an appropriate message on the Website.
  5. e)  In particular cases, when the safety or stability of the ICT System is at risk, the Service Provider has the right totemporarily stop or limit the rendering of services, without giving prior notice to Service Users, and to carry out maintenance works to restore the safety and stability of the ICT System. The Service Provider will inform Service Users about any difficulties in using the services by posting an appropriate message on the Website.
  6. f)  The Service Provider stipulates that using Electronically Supplied Services might involve certain risks. Potential risks related to using these services and technical measures which are available to Service Users to minimise risks have beendescribed in “Information on specific risks related to using Services supplied electronically by MEDITERAN TRAVEL”,which constitutes Schedule 1 to these Terms and Conditions.
  7. g)  In order for the Service User to be able to use the Website and Electronically Supplied Services, the Service User needs to have access to the following tools and to comply with all the following minimum technical requirements:
  8. h)  have a device (a computer or a mobile device) with minimum resolution of 1024 x 768 which gives access to the Internet, have a valid, active and fully configured e-mail account, and use one of the following web browsers:
  1. a)  Accommodation services are booked online by following the suggestions of an automatic booking system, whichconsists in filling out the Booking Form, in which the Service User is asked to select the check-in and check-out dates, the number of guests, the camping site and the type of house. Then, the Service User is asked to select the calculated price offer, provide his or her data specified in point b) below and make a payment order for the amount due.
  2. b)  The Service User who books accommodation services is obliged to provide correct data and true information in the Booking Form, as the booking and cost calculation will be based on these data and information. The Service User is obliged to provide the following contact details in the Booking Form: name, surname, e-mail address, mobile phone number. The Service User is also obliged to make a declaration that he or she has read the terms and conditions of booking set out in these Terms and Conditions and that he or she accepts them by choosing a relevant option in the Booking Form. The Service User is also obliged to specify whether he or she agrees to receive commercial information by electronic means by choosing a relevant option in the Booking Form (this consent is optional). Accommodation services are booked by clicking on BOOK in the Booking Form.
  3. c)  When the booking has been made in accordance with point b) above, the Service Provider will automatically andforthwith send a booking confirmation to the Service User’s e-mail address provided in the Booking Form. In the booking confirmation, the Service Provider will confirm the terms and conditions of the price offer, the booking number, the name and surname of the person who made the booking, the duration of the stay, the number of rooms, the offer name, the value of the stay and payment terms.
  4. d)  The Service User is fully liable for consequences of providing incorrect data in the Booking Form.
  5. e)  Prices in the system represent the sum of the price for the house, the number of nights and the number of people usingthe accommodation service, and include VAT. Prices may also include other services, specified in the description of a given offer. If an offer includes breakfast or other additional services, such information is given in the description of the price displayed in the system during the booking process. For services not included in the booking (e.g. extra night stay or parking), the client must pay on site.
  6. f)  The booking is made on behalf of the Service User who will make the payment.
  7. g)  At the last stage of the booking process, the Service User is forwarded to the payment page which enables him or her topay by credit card or bank transfer.
  8. h)  The booking is deemed confirmed when the required advance payment or the total booking amount is paid. If no payment is made, the booking will be cancelled.
  9. i)  To cancel or change a booking, the Service User needs to write an e-mail to booking@mediteran.travel.
  10. j)  A booking may be cancelled free of charge under the terms and time limits set out in the offer chosen by the ServiceUser.

Making payments and issuing invoices:

  1. a)  Payments are made directly during the online booking process or later to the bank account given in the booking confirmation sent to the e-mail address of the person who has made the booking.
  2. b)  A booking is deemed guaranteed only after the advance payment has been made.
  3. c)  Credit cards are authorized and payments are settled by a third party which has direct connection with the server of thecredit card processor.
  4. d)  The Service Provider is obliged to issue a VAT invoice in accordance with applicable Polish tax laws.

Performance of the Contract

If in the course of the service the Service User finds that the performance of the contract is defective (i.e. inconsistent with booking conditions and the description of the service/product on the Website), the Service User should inform the Service Provider about it forthwith by sending an e-mail to the following address: booking@mediteran.travel

Information and promotion services related to the Service Provider’s own products and services.

a) Information and promotion services rendered through the Website include Newsletter subscription. b) Newsletter subscription:

a. Newsletter subscription covers people who order this service by filling out a form available on the Website b. The Newsletter subscription involves: providing your name, surname, phone number and a correct e-mail

address in the Newsletter subscription form and confirming the subscription by accepting the e-mail which will be automatically sent to the provided e-mail address. You can also subscribe to the Newsletter by filling out the Booking Form and giving your consent to receive commercial information by electronic means.

Terms and conditions of concluding and terminating contracts

  1. a)  When the Service Provider’s accommodation service is booked, the contract is concluded at the moment when theService User receives the booking confirmation, including the booking number.
  2. b)  The Service User does not have the right to withdraw from the contract for booking accommodation service pursuant to Art. 38(12) of the Consumer Rights Act.
  3. c)  If the Service User gives his or her consent to receive information and promotion services, the Service Provider undertakes to send the Newsletter to the e-mail address provided by the Service User.
  4. d)  The Service User can unsubscribe from the Newsletter at any time by sending such a demand to the following e-mail address: booking@mediteran.travel.
  5. e)  Unsubscribing referred to in Point 4.4 above means that the contract for rendering information and promotion services by electronic means is terminated.
  6. f)  The Service Provider does not have the right to provide unlawful content to the Service User.

Personal data protection

  1. a)  Personal Data are collected via the Website when the Service User fills out the Booking Form or the Newsletter subscription form. The Booking Form contains required fields which must be filled out for the booking to be successful. Data provided in the Booking Form are processed for the purpose which follows from the function of the form. The Newsletter subscription form contains required fields which must be filled out to receive the Newsletter. Data provided in the Newsletter subscription form are processed for the purpose which follows from the function of the form.
  2. b)  Data are stored and processed by the Service Provider pursuant to rules set out in the Personal Data Protection Act and Privacy Policy which can be found on the Website.
  3. c)  At any time, the Service User has the right to access his or her data, as well as to rectify and erase them.
  4. d)  Providing personal data by the Service User is voluntary, but it is necessary to book an accommodation service orsubscribe to the Newsletter.
  5. e)  When the Service User uses the Website in any way, it means that he or she accepts the rules set out in the PrivacyPolicy published on www.mediteran.travel.

The complaint procedure.

  1. a)  Complaints related to technical aspects of the functioning of services as well as to other issues related to services can be sent to the following e-mail address: booking@mediteran.travel or in writing to the Service Provider’s address.
  2. b)  A complaint needs to be submitted within 7 days as of the date when the reason for the complaint occurred.
  3. c)  Each complaint should include a short description of the problem which serves as the basis for submitting the complaint,the date and time when the problem occurred and should indicate the Service Provider.
  4. d)  The Service Provider will use its best efforts for complaints to be handled within 30 days as of the date on which theService Provider received them. The Service User will be informed about the Service Provider’s decision on thecomplaint via an e-mail sent to the address provided in the complaint.

Intellectual property rights

  1. a)  Rights to the content published on the Website and content which constitutes part of Electronically Supplied Services belong to the Service Provider or third parties who gave their consent for such content to be disseminated by the Service Provider.
  2. b)  Elements of publications (which include such content as: text, graphics, logotypes, icons, images, photos, audio and video files, data files, presentations, programmes and all other data) presented on the Website may not be copied nor disseminated in any form and in any way without prior consent of the Service Provider.

Final provisions

  1. a)  Provisions of the Act on Rendering Electronic Services and other provisions of generally applicable law shall apply to matters not covered by these Terms and Conditions
  2. b)  The Service Provider reserves the right to amend these Terms and Conditions, with the stipulation that a booking made before Terms and Conditions were amended will be covered by the version of Terms and Conditions which was binding at the time when the Service User made the booking.
  3. c)  Amendments to these Terms and Conditions may not affect the rights acquired by Service Users before Terms and Conditions were amended.
  4. d)  Information on amending Terms and Conditions will be published on the Website.
  5. e)  Service Users will be informed about amendments to Terms and Conditions within 7 calendar days before theamendments come into effect.

Schedule No. 1 to Terms and Conditions of rendering electronic services on www.mediteran.travel website.Information on specific risks related to using Services supplied electronically by Empyreal Travel sp. z o.o.

Every Internet user, including persons who use services supplied electronically, is at risk of having his or her ICT system“infected” by various types of software developed mainly to cause damage, such as viruses, worms or Trojan horses. Thefunctioning of the Internet, which is a global network, depends on services provided by many entities.

The functioning and availability of the Internet is beyond the Service Provider ‘s control and electronic communication is at risk of interference by third parties.

In order to avoid such risks, it is important for the Service User to equip his or her computer or mobile device that he or she uses to connect to the Internet with an antivirus programme and keep updating this programme by installing its most recent versions immediately after they become available.

The Service Provider is constantly taking steps which improve the security of communication with the Website and improve the use of the Website. However, it is impossible to completely eliminate the risk of interference by third parties.

The Service Provider also informs Service Users that specific risks associated with using electronically supplied services, including the one described in Terms and Conditions, are related to the activity of so-called hackers, whose aim is to break into the systems used by both the Service Provider (e.g. by attacking its websites) and by the Service User.

Users who make so-called “electronic payments” via the Internet should especially protect information that includes details of bank account and credit card numbers from being disclosed to third parties.

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