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Obchodní podmínky ITAKA.pl

ze dne 20.06.2023.

I. GENERAL PROVISIONS

The Terms and Conditions set out the rules for the use of www.itaka.pl and the mobile application.
The Controller, owner and operator of the www.itaka.pl website (Website) and mobile application (Application) is Nowa Itaka sp. z o.o. with its registered office in Opole, 39 ul. Reymonta, 45-072 Opole, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Opole, VIII Economic Division of the National Court Register under the number 0000002269, with the share capital of PLN 3,315,000.00, REGON: 532179139, NIP: 7542686316 (hereinafter: ITAKA).
The Terms and Conditions define the rights and obligations of the Users of the Website, both those making a Booking, Registration on the Website, and other activities on the Website. The above also applies to the Application.
The Terms and Conditions were developed based on applicable laws, in particular, taking into account:
1. Law of April 23, 1964, Civil Code,
2. Law of May 30, 2014, on consumer rights;
3. Law of July 18, 2002, on the provision of electronic services,
4. Law of November 24, 2017, on tourist events and related travel services,
5. Law of May 10, 2018, on the protection of personal data,
6. Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals regarding the processing of personal data and the free movement of such data and repealing Directive 95/46/EC, the so-called GDPR.
Use of the Website/Application means acceptance of the Terms and Conditions and confirmation that the User has read the terms and conditions of the Terms and Conditions understands them and undertakes to abide by them. Acceptance of the Terms and Conditions is tantamount to consent to the conclusion of an agreement with the Controller for the provision of electronic services - in accordance with the on the provision of electronic services.

II. COPYRIGHT AND LEGAL DISCLAIMERS

The www.itaka.pl Website and the Application are the property of the Controller, they have the right to make changes to it, add, modify and delete content, and all collections in the Website, its name, functioning and data are subject to legal protection. Reproduction, transfer, distribution or recording on any media without the prior written consent of the Controller is prohibited except as described below. The user of the site has the right to browse the posted pages and to save them on the computer's hard drive in the form of temporary files. In addition, the user has the right to print selected pages for their personal use. The right to use the entire site is limited to private and non-commercial use. Use of materials identified as "press" is permitted provided the source of the information is cited.
The Website is available as the User receives it from the serving server. The Controller makes no guarantees as to the availability of the Website or the Application, which may be limited or interrupted at any time without notice to the User.
The Website/Application may not be used other than for personal and non-commercial purposes. The Controller prohibits the use of any automated systems or software to extract data from this site for commercial purposes (so-called "screen scraping"), as well as providing or operating links to this site without the prior written consent of its owner.
All information, data and materials made available on the Website and Application are protected by copyright, trademark rights, database rights or other intellectual property rights. No part, as well as the entire content used by the User, may be reproduced and distributed, in any form or by any means (electronic or mechanical), including copying and posting on the Internet. Use or exploitation of the content, in whole or in part, without the written consent of the Controller is prohibited.
In the event of any unauthorized use of the Website or the Application, the Controller reserves the right to take any necessary action, including legal action, without prior notice to the User. Despite their best efforts, the Controller does not guarantee that the information and prices contained on the Website or in the Application are free from deficiencies and errors, which, however, cannot be the basis for claims.
The Controller reserves the right to change the content of the Website or the Application at any time by turning off pages previously available and turning on new pages. The Controller does not take any responsibility for incidents resulting from browsing the subpages of the Website or using the Application. A given offer is available only if it can be booked via www.itaka.pl or in the Application at the time it is presented on this website.
To improve the functionality of www.itaka.pl, it is likely that hypertext references to third-party Internet resources may be included. In this case, the User should familiarize himself with the legal restrictions applicable to these resources.
The Controller shall provide the Traveler/User with information on the location of the hotel required by Article 40(1)(1)(c) of the Act by providing the locality in which the hotel is located. This information is included in the description of the Event at www.itaka.pl under the "Map and Region Information" tab. In addition, the Travel Agency provides Travelers with the use of an online tool that allows the detailed location of the hotel on a map via Google and OpenStreetMap. The provision of this online tool does not constitute a determination by the Travel Agency of the location of the hotel within the meaning of Article 40(1)(1)(c) of the Act on Tourist Events and Related Travel Websites of November 24, 2017.
The Controller may issue additional Terms and Conditions and terms and conditions governing Services it provides.
The Controller reserves the right to change the Terms and Conditions for important reasons, such as, in particular, a change in applicable laws or the need to adapt the Terms and Conditions to new functionalities of the Website or the Application.
The Service Provider shall inform users of changes to the content of the Terms and Conditions by posting information on the Website with the new content of the Terms and Conditions or by e-mail to the addresses indicated by the Users.

III. TERMS USED IN THE TERMS AND CONDITIONS

Controller/Travel Agency - the entity indicated in § I. item 2 of the Terms and Conditions.
Application - ITAKA's mobile application for mobile devices with iOS or Android operating system, through which the Website can be accessed.
Failure - a malfunction in the functioning of Service(s) that prevents the use of the Website and its various functionalities.
Personal data - it should be understood as any information concerning an identified or identifiable natural person, under Article 4 point 1) GDPR.
Working days - Monday through Friday excluding holidays and public holidays.
Contact form - an electronic path to contact the Controller to submit an inquiry.
Password - a unique string of characters set by the User to log in to the Client area of the Website.
Tourist event - tourist services as defined by the Act of November 24, 2017, on tourist events and related tourist services.
Consumer - is a natural person, using the Website, including in particular making purchases, for a purpose not directly related to their business or professional activity.
An Entrepreneur with the rights of a Consumer - a natural person conducting a business or professional activity on their behalf, using the Platform in a manner directly related to their business activity, but not as a legal person, in particular, due to the subject matter of their business activity; made available in the Central Register and Information on Business Activity.
Account in the Client Area - an individual account available to the Users of the Website or Application who are registered and logged in the Client Area.
Login - the User's e-mail address, provided during Registration to the Website.
Opinion - the opportunity to evaluate the selected offer of a tourist event and the quality of services provided by the Controller.
Terms and Conditions - These Terms and Conditions specify the terms of use of the Itaka.pl Website and Application and provision of services by the Controller. The Terms and Conditions are Terms and Conditions within the meaning of Article 8(1)(1) of the Act of July 18, 2002, on Electronic Website Provision.
Registration - an activity performed by the User consisting of the creation of an individual Account in the Client area of the Website.
Booking - placing an order for participation in a Tourist Event available on the Website or the Controller's Application. Booking is tantamount to reading and accepting the Terms and Conditions of Participation in the Tourist Event, Practical Information, Standard Information Form, Product Card and Travel Insurance Terms and Conditions and Privacy Policy.
Website - the website and all related sub-sites located at www.itaka.pl, also at other Internet addresses under which the Controller operates the Website, owned by the Controller, providing the functionalities specified in the Terms and Conditions.
Vendor - otherwise the Controller of the Website and Application, providing the Service to the Customer.
Client area - made available within the Website and Application, accessible to a registered and logged-in User, allowing direct access to information (including about Reservations made by the User), management of available services and functionalities.
Contract - a contract for participation in a tourist event concluded between the User and Nowa Itaka sp. z o.o. through the Website or Application in electronic form on the terms specified in these Terms and Conditions.
Service(s) - services provided electronically within the meaning of the Act of July 18, 2002, on the provision of electronic services.
Tourist service - shall be understood as a) carriage of passengers, b) accommodation for purposes other than residence, which is not an integral part of the carriage of passengers, c) the rental of automobiles or other motor vehicles, or d) any other service provided to travelers that is not an integral part of the services indicated in (a) through (c) above.
User/Customer - a person using the Website or Application, i.e. a natural person who has full legal capacity; a legal person or an organizational unit without legal personality, with legal rights granted by the Act, using the Website or Application and their functionalities. A User may also be a person who does not have full legal capacity, with the consent of a legal guardian.

IV. SUBJECT MATTER AND CONDITIONS OF SERVICES PROVIDED

Through the Website or Application, Users are offered access to Services, including Travel Services, and the ability to use the contents of the Website or Application, under the Terms and Conditions and additional terms and conditions published by the Controller.
The Website and the Application provide Services that allow you to make a Reservation and conclude an Agreement.
By making a Reservation, the User confirms that they have familiarized themselves with the Terms and Conditions of Participation in the Tourist Event, Practical Information, Standard Information Form, Product Card and Terms and Conditions of Insurance in the Course of Travel and Privacy Policy. The Controller is not responsible for the consequences of providing false or incomplete information.
The Controller is not a provider of data transmission services. The costs of data transmission required for downloading, installing, launching and using the Website or the Application shall be charged to the User under the applicable tariff per the agreement the User has concluded with their telecommunications operator or ISP. In this regard, the Controller shall not be responsible for the amount of fees that will be charged for the use of data transmission necessary for the operation, functioning and use of the Website or Application.
The User is obliged to use all information and materials made available through the Website or the Application only within the scope of permitted use.
The User may not introduce unlawful content to the Website and the Application.
The User uses the Website and the Application voluntarily and at their own risk.
The use of the Website and the Application using false data or impersonating a third party is prohibited by law under penalty of civil and criminal liability.
The User shall notify the Controller of any violation of the law in connection with the Website or the Application.
If it is determined that the User is committing actions prohibited by law or the Terms and Conditions, violating the rules of social coexistence or harming the legitimate interests of the Controller, the Controller may take any action provided by law to restrict the User from using the Website or the Application.
The Controller provides continuous access to the Website and Application but reserves the right to apply interruptions or limitations in functionality due to technical reasons. Limitations or technical interruptions may also occur in the systems/applications used by the Website or the Application, which may result in the temporary unavailability of certain offers or the inability to make a reservation or log in. The Controller will make every effort to ensure that restrictions on the use of the Website or Application, or technical interruptions, last as short as possible.
The Controller shall not be liable for incorrect operation of the Website or the Application or for interruptions in its operation when such interruption occurred for reasons beyond the Controller's control. The Controller shall make every effort to ensure that the Website or the Application operates continuously without error and in a manner that allows its full use.
The Controller shall not be responsible for limitations or technical interruptions in the ICT systems used by Users' mobile devices/devices, which prevent or restrict Users from using the Website or the Application and the Services offered.
The Controller shall not be responsible for the correctness of the operation of the Website or the Application on a mobile device/device belonging to the User, or for its lack thereof. It is the User's responsibility to use the Website or the Application on a mobile device/device adapted for this purpose.
The Controller shall not be liable for damages incurred by the User as a result of using the Website or the Application in a manner inconsistent with its purpose and contrary to the provisions of the Terms of Use.
The Controller shall not be liable for any loss or damage incurred by the User or any third party as a result of using the Website or the Application. In particular, the Controller shall not be liable for any events influenced by the User or a third party.

V. INFORMATION ON SERVICES PROVIDED ELECTRONICALLY

The Controller shall ensure the functioning of the information system it uses in such a way that each User may terminate the use of electronic services free of charge at any time.
The Controller shall ensure the operation of the information system it uses in such a way as to prevent unauthorized access to the content of the message that makes up the electronic services, especially using cryptographic techniques.
The Controller shall ensure unambiguous identification of the parties to electronic services.
The Controller informs that the use of electronic services may involve risks due to the way the user uses the device.
Information on the function and purpose of the software or data not belonging to the content of electronic services entered into the information and communication system used by the User is contained in the Privacy Policy.
To use the Controller's Website or Application, the User should meet the following technical requirements necessary to establish cooperation with the Controller's ICT system:
1. Possession of a device that allows the use of the Internet;
2. Internet connection;
3. Having an Internet browser that will allow you to view Web pages and access the Controller's Website, with support for SSL encrypted connections and JavaScript;
4. Having an active e-mail address. And in the case of Applications:
5. Use of mobile devices on which the Application is downloaded from Google Play (for Android) or App Store (for iOS), properly installed and launched. Downloading the Application is free of charge.
6. Use of mobile devices that meet the following technical requirements for the operating system for the version of the Application downloaded from Google Play - Android version minimum 5.0; for the version of the Application downloaded from the App Store - iOS version minimum 12.0; whereby the latest versions of Android or iOS are recommended for the proper operation of the Application.
7. Logging in through the Application.
The Controller reserves the right to interfere with the technical structure of the Account/Client area to diagnose any irregularities or problems in the functioning of the Website and Application services, and may also make changes and affect the technical section of the User's Account to modify and ensure the proper functioning of the Account or the Website and Application itself.
The Controller, within the framework of cooperation with its Business Partners, may make available to the Users the offers of these Partners, joint offers, links or references to the Partners' servers, while the principles of providing services electronically within the framework of these services are defined by individual Terms and Conditions of these services. Use of the services offered requires reading and accepting the individual Terms and Conditions.

V.I. ITAKA MOBILE APPLICATION

Within the Application, the Controller presents the Users with offers of travel services and events and enables them to book them. A given offer is available only if it can be booked through the Application when it is presented in the Application.
The user is provided with a specialized search engine, through which offers are presented according to the search criteria selected by the user, among others: by type of vacation, hotel standard, preferred form of food, place of departure and length of stay. The application allows searching for offers from the world map.
The Controller makes every effort to ensure that each offer presented in the Application contains a detailed description of the services provided and the price. The user has access to ratings and opinions of other travelers, can create a list of favorite offers and add them to the comparison engine.
Through the Application, the User has the opportunity to learn about and purchase additional services offered within the Application, including, among others, participation in optional excursions, and booking a parking space at the airport. The above services are provided by the Controller's Partners.
The Controller, through the Application, allows customers to conclude a contract with third-party insurance providers for optional additional travel insurance and cancellation insurance.
Through an individual account in the Application, the User has direct access to information about purchased services and the ability to manage them. The User's account in the Application is synchronized with the account in the ITAKA website (www.itaka.pl/strefa-klienta).
A user of the App on a mobile device has access to additional functionality such as authorization of consents and documents for reservations during the booking process at the showroom, access to travel guides and access to an offer comparison engine.

VI. MAKING A RESERVATION, CONCLUSION AND PERFORMANCE OF THE CONTRACT

VII. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the conclusion of the contract is made following the Terms and Conditions of Participation in Travel Events.
Under the content of Article 27 of the Law on Consumer Rights (Journal of Laws 2020, item 287, i.e.), a Consumer and an Entrepreneur with the rights of a Consumer who has concluded a contract at a distance, may withdraw from the contract within 14 days without giving any reason and without incurring costs, subject to the provisions of paragraphs 4 and 5 below.
To withdraw from the Contract, the Consumer and Entrepreneur with the rights of the Consumer shall submit a statement of withdrawal to the Seller. The Consumer and Entrepreneur with the rights of the Consumer may inform the Seller about the withdrawal from the contract in any form provided by law, in particular, they may send it via e-mail to cok@itaka.pl.
According to the wording of Article 3(1)(8) of the Law on Consumer Rights (Journal of Laws 2020, item 287, i.e.), the Law does not apply to contracts: for participation in a tourist event, as referred to in the Law of November 24, 2017 on tourist events and related tourist services (Journal of Laws 2019, item 548), except for Article 10, Article 11, Article 12(1)(1), (5), (16) and (17), Article 17 and Article 20(2);
In connection with the wording of Article 38 of the Act of May 30, 2014, on consumer rights (Journal of Laws 2020, item 287, i.e.), the right of withdrawal from an agreement concluded off-premises or at a distance does not apply to the consumer regarding, among others, to contracts: for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract; and contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service.

VIII. OPINIONS

How to Add Feedback
1. An opinion can only be added by a person who has purchased a tourist service (vacation or trip) from the Controller's offer through a survey, which is made available after returning from the trip in an e-mail message or through the Client area (hereinafter referred to as "Survey").
2. The survey includes open-ended and closed-ended questions along with a rating on a scale of 1 to 6, where 1 is the lowest rating and 6 is the highest.
3. The survey can be completed within 3 months from the date of return from the tourist event.
4. Only one Survey is generated for a reservation. The exceptions are bookings of the "tour + vacation" type, where 2 Surveys are generated - one for the tour and the other for the vacation in the hotel.
5. The only possible form of providing feedback is to complete the Online Survey. Opinions provided by other means will not be published.
6. Completion of the Survey does not constitute a complaint.
7. The survey does not constitute a contact form, so any contact requests contained therein will not be fulfilled.
Rules for Publishing Opinions
1. Each submitted opinion is read by the moderator, who checks whether it violates the rules described in section 2.5.
2. Opinions are not displayed on the Website immediately after submitting the completed Survey. They are published after moderator verification. The waiting time for the publication of the submitted opinion is customarily 30 working days, while during the holiday season, due to the large number of opinions, this time may be longer.
3. The Website presents:
  1. The content of the customer's review of the hotel/trip
  2. Customer's numerical ratings of the hotel/vacation
  3. The name of the author of the opinion (no last name), the month and year of the trip, the age range, and specifying with whom the trip was made (with a partner, with family, with friends, or alone)
4. On the site, next to the descriptions of offers, numerical ratings are published, which are the arithmetic average of the ratings given by customers in the Surveys. Next to a specific numerical rating, there is an "i" icon with an explanation of how it was calculated.
5. The contents of the opinions are published:
  1. are devoid of inappropriate content - expressions and sentences that are generally considered offensive, promoting racism, hatred, containing threats, swearing, statements with sexual overtones or others of a nature prohibited by applicable law,
  2. contain information that is consistent with the facts relating to the hotel/trip in question,
  3. are original and devoid of content containing advertising, location or name of other travel providers (including in a comparative context) and texts copied from other sites, and links.
  4. do not contain private information of third parties (names, addresses, telephone numbers, e-mail addresses, etc.). Nowa Itaka sp. z o.o. reserves the right to anonymize or delete the personal data of persons indicated in opinions.
  5. do not include information about the price of the tourist event and the price of additional services
  6. do not contain complaint content. If you wish to file a complaint, the provisions from the General Conditions of Participation apply
  7. do not contain characters, including, for example, special characters that make the opinion unreadable
  8. contain a descriptive part consistent with the numerical evaluation
6. The organizer does not publish parts of the opinions explicitly indicated in the Survey.
7. In the case where a hotel or tour is marked on the Website as "new to the offer", the publication of reviews occurs after receiving 3 reviews that comply with the Rules of Procedure.
8. Nowa Itaka Sp. z o.o. reserves the right to remove an already published opinion in justified cases:
  1. when the hotel changes ownership, which will result in significant changes to the hotel such as expansion or a change in the standard of equipment and services provided
  2. when the hotel changes official categorization
  3. when it undergoes a major renovation, modernization or reconstruction
  4. When an opinion has been erroneously verified by a moderator
  5. when the previous technical designation of the no longer available travel event (code) has been assigned to the current sales offer, and thus the unavailable offer, along with the reviews associated with it, is removed from the Website as obsolete
  6. when the offer was excluded from sale for a season(s) and then returned to it, but in the meantime its components have been changed, as a result of which the opinion initially issued to it (i.e. before the changes to the offer) is no longer valid and may mislead the customer
  7. when the opinion is copied in whole or in part from other authors or other available sources
  8. At the request of the author of the opinion.
9. Published opinions are subjective assessments of customers. Responsibility for their content is borne by the author of the opinion. The Controller is responsible for the moderation of opinions following the rules. Thus, the Controller undertakes to take appropriate action in case of reported abuse, in particular in cases indicated in the Civil Code and Terms and Conditions on the provision of electronic services. Any cases of abuse can be reported via e-mail address: opinie@itaka.pl.
10. Persons using the Website may contact the Controller regarding feedback using the e-mail address: opinie@itaka.pl.
11. The Controller of the personal data collected to enable the addition of opinions is Nowa Itaka Sp. z o.o., based at 39 ul. Reymonta, 45-072 Opole. More information about the rules of personal data processing is available here: www.itaka.pl/dane-osobowe.

IX. COMPLAINTS

Complaints can be filed and will be handled in accordance with the Terms and Conditions of Participation in Travel Events.
The Customer may also file a complaint if the actions taken by the Controller are carried out improperly or do not follow the provisions of the Terms and Conditions.
The complaint may be submitted in writing to the e-mail address: cok@itaka.pl.
The notification of a complaint should contain data that identifies the order and information about the subject of the complaint, in particular, the type and date of occurrence of the defect; specify the request for the manner of removal of the defect and provide contact information of the complainant. Providing the above information will speed up the processing of the complaint. Failure to provide the aforementioned data in no way affects the effectiveness of complaints submitted without providing the recommended information.
The Controller will consider and respond to the complaint immediately, no later than within 14 days from the date of filing the complaint. The User will be informed about the method of complaint consideration in accordance with the data indicated in the complaint application.
The Controller shall inform the Customer who is a Consumer and an Entrepreneur with the rights of a Consumer about the possibility of using out-of-court methods of dealing with Product complaints, including by Customer submission, after the completion of the complaint procedure, an application to initiate mediation or an application to deal with the case before an arbitration court (the application can be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223).
The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596.
Out-of-court redress after the complaint procedure is free of charge. In the case of a Customer who is a Consumer or an Entrepreneur with the rights of a Consumer, wishing to use the out-of-court method of claim investigation, there is additionally the possibility of filing a complaint through the EU online platform ODR, available at http://ec.europa.eu/consumers/odr/.

X. PAYMENTS

XI. SECURITY

XII. EMERGENCIES

XIII. PERSONAL DATA

XIV. COOKIE POLICY

XV. FINAL PROVISIONS

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