Rules

TERMS AND CONDITIONS OF TRIPSOMNIA PLATFORM

 

Present Terms and Conditions define the terms of use of the Platform available at www.tripsomnia.com

 

  1. GENERAL PROVISIONS

 

  1. Present Terms and Conditions define the terms of the provision of Services to the Users by Tripsomnia, as well as the rights and obligations of the Users and Tripsomnia, including the complaint procedure.

  2. Tripsomnia makes these Terms and Conditions available to the User free of charge before the conclusion of the Agreement and, upon request, they can make them accessible in a form allowing for acquisition, reproduction and saving the content of present Terms and Conditions by means of the ICT system used by the User.

  3. The User may use the Platform only after they have read the Terms and Conditions.

  4. The Platform Agreements are concluded on the basis of Polish law.

 

  1. DEFINITIONS

 

OFFER

means tickets to attractions or other service related to travel, sightseeing or other type of activities offered by the Service Provider to the Users

ANNOUNCEMENT

means all types of informational, commercial and advertising materials which subject is the Offer, placed by the Service Provider on the Platform with the use of Services provided by Tripsomnia; together with the terms and conditions of the execution of the Offer by the Service Provider.

PRIVACY POLICY

means a document regulating privacy protection and personal data processing; Privacy Policy is an integral part of these Terms and Conditions and is available at https://www.tripsomnia.com/en/privacy-policy

SERVICE FEE

means a payment made by the User to Tripsomnia for creation and submission of the Order The User will be clearly informed about the necessity of paying the Fee and its amount before submitting the Order to the Service Provider. Fees are paid by electronic payment and they become non-refundable after successful conclusion of the Booking Agreement. Any payments for the offers / orders are paid in cash to the Supplier. The Platform does not accept any payments accounting for the offer / order price and only charges a Service Fee for the electronic provision of services, i.e. submitting orders to the Suppliers see VI p. 6.

TERMS AND CONDITIONS

mean present Terms and Conditions of Service Provision through the Platform

BOOKING

means an agreement concluded between the Service Provider and the User, a subject of which appears to be the Offer executed under the terms and conditions described in the Announcement; detailed terms of the Booking Agreement are determined by the User in the Order

PLATFORM

means online website available at www.tripsomnia.com, owned by SocialTravel

SOCIALTRAVEL

Mateusz Sewastynowicz, conducting the economic activity under the company SocialTravel Sp. z o.o. located in Warsaw, at  Al. Ks. J. Poniatowskiego 1, Warszawa 03-901, entered into KRS 0000676211; NIP: 1132941467; ways of communicating with SocialTravel: by email: info@tripsomnia.com; by mail: office address for deliveries: Al. Ks. J. Poniatowskiego 1, 03-901 Warsaw; By phone: +48 22 307 10 22

CONTENT

means comments, opinions and information provided by the User through the appropriate functionality of the Platform

AGREEMENT

means an agreement for Services provided electronically concluded between Tripsomnia and the User, which general terms are determined by present Terms and Conditions

SERVICES

mean services and functionality provided electronically by Tripsomnia through the Platform and on the basis of the Terms and Conditions

SERVICE PROVIDER

means a User who, using the functionality of the Platform, publishes Announcements and Offers

USER

means an entity with full legal capacity, using the Platform, in particular for the purpose of concluding a Booking Agreement

ORDER

means a declaration of the User will leading directly to the conclusion of the Booking Agreement, indicating its relevant and detailed terms and conditions, made using the "Check availability" function available in each Announcement; Orders may be submitted electronically through the Platform, 24 hours a day, 7 days a week throughout the year

 

  1. GENERAL TERMS AND CONDITIONS OF USING THE PLATFORM

 

  1. In order to use all functionality of the Platform, the User must meet the following minimum technical requirements:

    1. a device with an Internet access that allows the Platform interface to be displayed correctly,

    2. active email account (email);

    3. installed and up-to-date web browser with standard consistent with Chrome 45.0+, FireFox 40.0+, Internet Explorer 9+;

    4. enabled Cookies, JavaScript,

  2. It is forbidden to use the Platform not in accordance with the provisions of present Terms and Conditions, applicable law, good morals or principles of social coexistence. The User is prohibited from providing content of an unlawful nature.

  3. Neither Tripsomnia nor the Service Provider submits offers electronically on the Platform within the meaning of the Civil Code. In particular, provisions concerning the submission of an offer in electronic form shall not apply. Announcements are a call for offer submissions by Users.

  4. The Service and its components, including design and content, are protected by copyright and/ or other intellectual property laws. These elements may not be reproduced, distributed or published in whole or in part without permission of Tripsomnia. In particular, the Agreement does not allow the User to reproduce, distribute, rent, sell, or redistribute otherwise, directly or indirectly, whether for a fee or free of charge, excluding the Tripsomnia Platform.

 

  1. SERVICES

 

  1. Tripsomnia provides the following Services to the Users:

    1. provision, maintenance and development of the Platform infrastructure,

    2. provision of the functions of posting and viewing Announcements,

    3. provision of the functionality of the Platform enabling conclusion of the Agreements between the User and the Service Provider,

    4. interactive forms available on the Website, in particular, search form and contact form.

  2. Tripsomnia within the framework of the Services provided electronically does not operate on the order of the Service Providers or as the Service Provider's agent or its intermediary.

  3. Service Provision Agreements are concluded upon the expression of will to use particular Service by the User. Each Service Provision Agreement may be terminated by the User at any time without giving a reason. Service Provision Agreements for the services provided electronically, using the functionality of the forms, are concluded for a definite period of time and are terminated upon submission of the content of the form to the Service Provider or the Platform, or ceasing their use. The User may also resign from other Services by refraining from using them.

  4. The User who appears to be a consumer which has entered into a distance agreement may withdraw from it without giving a reason by making a written statement within 14 (fourteen) days from the date of conclusion of the agreement. The right of withdrawal from the off-premises or distance agreements is not available to the consumer in relation to the Services in the scope of accommodation, non-residential, carriage, car rental, catering, leisure, entertainment, sports or culture if the agreement specifies the day or period of service provision.

 

  1. BOOKING

 

  1. Tripsomnia enables concluding agreements between Users and Service Providers under the terms described in the Announcement and for this purpose Tripsomnia provides the Users with the Platform appropriate tools. Tripsomnia is not a party to any agreement between Users and Service Providers, and the Terms and Conditions do not constitute a content of the Agreement between the User and the Service Provider.

  2. The User creates the Order through a dedicated form available in the Announcement. Depending  on the Offer, to create the Order it may be required to:

    1. specify the date on which the Booking is to be carried out;

    2. specify the number of packages available in the Offer that the Booking should include;

    3. specify the number of people using the Offer;

    4. accept the Offer price and possible Fees;

    5. accept payment method;

    6. provide complete and accurate personal data of the User, which is a party to the Booking Agreement.

  3. After completing the Order, the User confirms it and sends to the Service Provider by activating the "Order with payment requirement" button.

  4. In the process of submitting the Order, until the activation of the "Order with payment requirement" button, it is possible to detect and correct errors by the User in the Order and to modify it, through the functionality of the Platform. After this point, the User may introduce changes to the Order, in particular, correction of errors in the entered data, until the conclusion of the Booking Agreement via direct, prompt (telephone or e-mail) contact with the Service Provider.

  5. By submitting the Order, the User makes the Service Provider an offer to enter into the Booking Agreement regarding the selected Offer option, under the terms and conditions indicated in the Order. Conclusion of the Booking Agreement is made by accepting the offer by the Service Provider, upon receipt of the Order terms and conditions confirmation by the User sent to the email address specified by the User in the Order.

  6. Fixing, securing and sharing the Booking content with User is made in form of an email sent to the address given by the User during the Order submission. The User who submitted the Order and received a statement of acceptance of the offer by the Service Provider will be provided with a digital document confirming the Booking together with its content, as indicated above.


 

  1. PRICES AND PAYMENTS

 

  1. Prices indicated on the Platform are gross prices (including all custom duties and taxes, including VAT). Each time together with the price is indicated the currency in which the price is expressed.

  2. The total Offer price is calculated according to the choices made by the User in the Order form and in accordance with the rates indicated there. The binding price is indicated to the User in the Order Summary, at the moment of submitting it to the Service Provider.

  3. The User makes a payment of the price indicated in the Offer to the Service Provider using the payment method indicated in the Order. The form of payment for a given Offer determines the Service Provider, indicating at least one of the following:

    1. payment of the total price in cash at the place of execution of the Offer;

    2. electronic Service Fee payment, and subsequently after conclusion of the Booking agreement payment of the remaining amount by cash at the place of Offer execution;

    3. electronic Service Fee payment upon conclusion of Booking agreement, and subsequently payment of the Offer price in cash at the place of Offer execution.

  4. The User is obliged to make a payment for the price indicated in the Order in time indicated in the Booking agreement.

  5. The Service Fee payment is made under the condition of termination, which is the absence of a Booking agreement. If the Booking agreement is not concluded, the Service Fee payment shall be returned promptly, but not later than within 2 (two) working days from the date of submitting the Order by the User.

  6. Creation and submission of the Order is a paid Service unless in case of a particular Order Tripsomnia specifies that its creation is free of charge. The User will be clearly informed about the necessity of paying the Fee and its amount before submitting the Order to the Service Provider. Fees are paid by electronic payment.

  7. Electronic payment is understood as a payment made via Internet system provided by an external operator. Electronic payments are processed by an external payment system operated by Dotpay S.A. located in Kraków, on Wielicka st 72, 30-552 Kraków, NIP 6342661860, REGON 240770255, entered into the Central Registration and Information on Business (CEIDG) with the following KRS number 0000296790, Maintained by the District Court for Kraków - Śródmieście in Kraków, XI Commercial Division of the National Court Register, with the share capital of PLN 4,000,000.00, capital paid PLN 4,000,000.00.

  8. Prices of the Offers and Fees indicated on the Platform may be changed. The terms of the Order can not be changed in relation to the User who submitted the offer as indicated in these Terms and Conditions before the price change.

 

  1. CONTENT

 

  1. The User cannot publish the Content on the Platform that:

    1. violates the rights or personal property of any third parties,

    2. contains threats, call for aggression or elements of unfounded violence,

    3. consists of materials that may be used for purposes that are unlawful, misleading, malicious or discriminatory,

    4. is inappropriate for people under the age of 18,

    5. is obviously in conflict with the principles of social coexistence or common and social norms or "netiquette" principles,

    6. contains profanity and phrases that may violate someone's dignity,

    7. promotes websites that do not belong to any of the Service Providers.

  2. Tripsomnia does not control the Content posted on the Platform by the Users on a regular basis. Especially, Tripsomnia does not monitor the information contained in the Orders. If Content violates the above rules, Section VIII of the Rules shall apply.

 

  1. REPORTING VIOLATIONS AND COMPLAINTS

 

  1. The person who notices any data of unlawful nature, in particular, Announcements infringing on intellectual property rights or Content infringing on personal property rights, should immediately notify Tripsomnia at biuro@socialtravel.pl. If Tripsomnia obtains reliable information about the unlawful nature of the data (Advertisement or Content) or related activities, Tripsomnia will immediately prevent access to such data and will notify the User who has placed such data on the Site in advance of their intention of preventing the access.

  2. The User has a right to make a complaint about the functioning of the Platform. Complaints should contain at least data identifying the User (name, surname, mailing address, optionally telephone number), with justified objections and comments on the Platform or Services. The complaint must be sent to the email address biuro@socialtravel.pl or the Tripsomnia office address indicated at the beginning.

  3. Tripsomnia will respond to your complaint within 14 (fourteen) days from receiving it. The User will receive a response to the address from which the complaint was sent or to the address provided in the complaint.

  4. The User who appears to be a consumer has the opportunity to use non-judicial means of proceeding with claims and redress, in particular, he or she may seek mediation or arbitration. For this purpose, the appropriate form must be provided to the institution before which the procedure is to be followed - a request for mediation or a request for consideration before a court of arbitration. If the User does not wish to use ADR, any disputes arising under the Terms and Conditions or Agreements will be resolved by a common court of law in accordance with applicable law.

 

  1. CHANGES TO TERMS AND CONDITIONS

 

  1. Tripsomnia may change present Terms and Conditions for important legal reasons (a change of generally applicable law in respect of the Tripsomnia economic activity or the change of Tripsomnia's organizational form) or technical (modernization of the Platform or Services).

  2. Users will be notified of changes to the Terms and Conditions and the reason for such changes with the notification displayed on the main page of the Platform for 7 (seven) days before its entry into force.

  3. The User re-accepts or refuses to accept the Terms and Conditions. Failure to accept the revised Terms and Conditions means cancellation of the Services provision.

  4. Orders placed before the entry into force of the amendments to the Terms and Conditions will be executed in accordance with the foregoing  Terms and Conditions.

 

  1. SPECIAL PROVISIONS

 

  1. In case of the Users who do not appear to be consumers, in particular, using Services in frameworks of their economic or professional activity, special provisions shall apply: (1) Tripsomnia shall not be liable for any damages caused to the Users by unintentional misrepresentation, and Tripsomnia's liability shall be limited to the actual loss suffered by the User. (2) disputes arising out of the Agreement or use of the Service by the User shall be settled by the common court competent for the Tripsomnia office location.

 

  1. FINAL PROVISIONS

 

  1. In matters not regulated by present Terms and Conditions, the provisions of general law, in particular, the Act of 23 April 1964 of Civil Code, shall apply.

  2. The Privacy Policy, located on the Platform at https://www.tripsomnia.com/privacy-policy, is an integral part of these Terms and Conditions.


 

Date of entry into force of the Terms and Conditions: 28.05.2016

 

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