Terms of use of mojezakopane.com
1. General Provisions
Subject of the Regulations: These Regulations (hereinafter referred to as the "Regulations") define the rules for using the website mojezakopane.com (hereinafter referred to as the "Website"), which enables Users to post advertisements, make reservations and buy and sell goods and services.
Administrator and Owner of the Website: The owner and administrator of the Website is Tomasz Łuszcz, conducting business activity pursuant to art. 5 of the Act of 6 March 2018 - Entrepreneurs' Law (hereinafter referred to as the "Administrator"). The Administrator can be reached at the following e-mail address: biuro@mojezakopane.com or via the contact form available on the Website.
Nature of Services: The Service operates as an intermediary platform in transactions between Users, in accordance with Articles 384 and 471 of the Civil Code and Directives 2000/31/EC on electronic commerce. Advertisements and offers published on the Service come from Users, and the Administrator is not a party to agreements concluded between Users.
Responsibility of the Administrator: The Administrator shall not be liable for any damage resulting from the use of the Website, including loss of data, downtime, actions of third parties and consequences of Users' decisions based on the content posted on the Website (Article 474 of the Civil Code, Article 12 of Directive 2000/31/EC).
The Administrator does not guarantee the continuity or error-free operation of the Service, nor its suitability for specific purposes. Use of the Service is at the User's own risk, on an "as is" basis.
Acceptance of the Regulations: Using the Service means full acceptance of these Regulations and the obligation to comply with them. If the User does not accept the Regulations, he should not use the Service.
Changes to the Regulations: The Service reserves the right to change the Regulations at any time, and the updated version comes into effect upon publication on the website (Article 384¹ of the Civil Code). Users will be informed of significant changes that may affect the use of the Service.
Legal basis: The Administrator and Users are obliged to comply with both national and EU law, including the Constitution of the Republic of Poland, the Civil Code, the Act on the provision of services by electronic means, the Consumer Rights Act, as well as relevant EU directives and regulations - in particular Directive 2000/31/EC, Directive 2011/83/EU, Regulation (EU) 2019/1150 and Regulation (EU) 2016/679 (GDPR).
Rules of Good Conduct: The User undertakes to use the Website in accordance with the law, good customs and the principles of social coexistence (Article 5 of the Civil Code, Article 8 of the Charter of Fundamental Rights of the EU), in particular to refrain from actions that may violate the rights or personal interests of other Users.
Access Suspension: The Administrator may temporarily suspend access to the Website in the event of the need to carry out maintenance, modernization or for technical reasons beyond the Administrator's control.
Paid and Free Services: The Service may offer both free services (e.g. basic posting of advertisements) and paid services (e.g. highlighting advertisements). Detailed information on prices and scope of services is available in the price list section of the Service.
Consumer Protection: If the User is a Consumer, all provisions of the Regulations will be interpreted in a way that protects the rights of the Consumer in accordance with applicable law, including Directive 2011/83/EU on consumer rights.
Territorial Scope: Users may be people from Poland and other countries, and access to the Service is possible from anywhere. The Administrator operates the Service in accordance with Polish law; however, international Users must comply with the law in force in their country of residence, if such law applies to the services provided.
Conflict of Laws: In the event of a conflict between Polish law and the law of another country regarding contractual obligations, Regulation (EC) No 593/2008 (Roma I) shall apply, provided that these provisions are binding on the given transaction or legal relationship.
Limitations on Access to the Service: The Administrator reserves the right to limit or deny access to the Service for Users from certain countries or territories where the provision of such services is prohibited by law or carries excessive legal or financial risk (e.g. areas covered by international sanctions). In such cases, the Administrator is not responsible for the inability to use the Service by Users from these countries.
Jurisdiction: Subject to the rules on the jurisdiction of courts in consumer matters, all disputes related to the operation of the Service shall be subject to the jurisdiction of Polish courts, in accordance with the provisions of points 10.3 and 10.6 of these Regulations.
2. Definitions
User: a natural person, legal person or organizational unit without legal personality who uses the Service in any form, including viewing content, posting advertisements or making transactions. The minimum age of the User is 18 years, unless the applicable law of a given country provides otherwise. Minors may use the Service only with the consent and supervision of their legal guardians.
Announcement: any information posted by the User on the Website regarding the sale, purchase, rental, provision of services or any other type of offer.
Transaction: conclusion of an agreement between Users via the Service. The Administrator is not a party to such an agreement.
User Account: a set of resources and permissions enabling the User to access extended functionalities of the Service, such as posting advertisements, making reservations and managing them.
Administrator: the entity managing and maintaining the Service, responsible for, among other things, data security, technical updates and continuous operation of the Service.
Statute: this document is available on the website of the Service, constituting an integral part of the agreement concluded with the User for the provision of electronic services.
Additional Services: free or paid options offered on the Website, such as highlighting ads, promotion, increasing the reach of ads or additional publication packages.
EU Directives and Regulations: legal acts issued by EU institutions applicable to the Website, in particular Directive 2000/31/EC, Directive 2011/83/EU, Regulation (EU) 2019/1150, Regulation (EU) No 524/2013 (ODR) and GDPR 2016/679.
Trademarks: the name of the Service and other designations (e.g. logo) protected by industrial property rights, including trademarks. Unauthorized use of these marks may result in civil or criminal liability.
Logistics and Payments: The Service does not provide logistic services (e.g. delivery or transport) nor does it store Users' payment data. All payments are processed by external entities.
3. Registration and Use of User Account
Account Registration: In order to obtain full access to the functionality of the Service, the User may create a User Account by providing the required, true and current data in the registration form.
Login Data Protection: The User is obliged to keep his/her login details (user name and password) confidential and not to disclose them to third parties.
Account Use Rules: The User is fully responsible for all actions taken under his Account. The Administrator is not responsible for the consequences of unauthorized use of the Account, unless such unauthorized use is solely due to the fault of the Administrator.
Account Deletion or Suspension: The Administrator reserves the right to delete or suspend the User Account in the event of a violation of the Regulations, applicable law or good customs, or at the request of the relevant state authorities.
Termination of the Agreement: The User may at any time resign from using the Service and request the deletion of his/her Account. The Administrator will make every effort to ensure that this process is carried out efficiently and in accordance with applicable law, in particular the provisions on the protection of personal data.
No Full Identity Verification: The Administrator does not perform full verification of the identity of Users or the authenticity of the offers posted. The User acknowledges that the offers on the Service may not be fully accurate.
International Users: Users from outside Poland, by registering, confirm that the use of the Service is permitted in accordance with the law in force in their country of residence. The Administrator is not responsible for the consequences resulting from the use of the Service in jurisdictions where it may be prohibited.
4. Posting of Advertisements, Reservations and Content by Users
Prohibited Content: It is prohibited to post on the Website any content that is unlawful, infringes the rights of third parties (including copyright or personal rights), is unethical, offensive or misleading.
Content Removal: The Administrator may remove or block content posted by the User if it violates the law, the Regulations or good customs.
Copyright: By posting content (e.g. photos, videos, descriptions) on the Website, the User declares that he or she has all the necessary rights (including copyright) and grants the Administrator a non-exclusive license to display and store this content on the Website.
Contact Information: The User is responsible for the accuracy of any contact information published and undertakes not to publish personal data of third parties without their consent.
Promotion and Featured: The Administrator enables Users to use additional options for promoting or highlighting advertisements on the Website, in accordance with the applicable price list.
Sharing Data: The Administrator may disclose User data to law enforcement authorities or other authorized entities in the event of a violation of law or upon request in accordance with applicable law.
Responsibility for Content: The User is fully responsible for all content that he/she posts on the Service, including ensuring that the content is legal and factual. The Administrator does not verify, check or guarantee the reliability, currency or safety of such content.
Image Rights and Graphic Materials: By posting photos or other graphic materials, the User declares that he/she does not infringe the image rights of third parties (in accordance with Article 81 of the Act on Copyright and Related Rights). In the event of infringement, the User bears full responsibility.
Reservations: If the Service allows for reservations (e.g. for accommodation or tourist services), all conditions regarding cancellations, advance payments, changes of dates or refunds must be specified in the offer published by the service provider. The Administrator is not responsible for non-fulfillment or improper fulfillment of the reservation.
Notices and Content Removal: Any reports of infringement of copyright, trademark or other third party rights should be sent to the following e-mail address: biuro@mojezakopane.com together with supporting documentation (e.g. proof of trademark registration, description of the infringement and a request to remove the content). The Administrator undertakes to analyze such reports within a reasonable period of time and, if they are justified, to remove or block the reported content.
5. Obligations of the Parties
User Obligations: The User is fully responsible for all actions taken while using the Website, including the content of advertisements, conducting transactions and any financial obligations.
Administrator Responsibilities: The Administrator is responsible only to the extent specified by law and these Regulations. The Administrator is not responsible for any physical or legal defects of goods sold by Users or for the quality of services provided by them.
Transaction Disclaimer: The Administrator is not a party to agreements concluded between Users and is not liable for non-performance or improper performance of mutual obligations (Article 474 of the Civil Code, Article 15 of Directive 2000/31/EC).
Tax Obligations: The User is solely responsible for settling taxes and other applicable government fees related to transactions conducted through the Service.
Higher power: Neither Party shall be liable for failure to perform or improper performance of obligations under the Agreement due to force majeure (Article 435 of the Civil Code).
No Warranty or Implied Liability: The Administrator does not provide any guarantees or assurances regarding goods and services offered by Users through the Service. Any claims related to defects or non-conformity of goods or services should be directed directly to the seller.
Limitation of Liability: To the fullest extent permitted by law, the Administrator shall not be liable for any loss of profit, indirect, accidental, consequential, moral damages, loss of data in computer systems or other intangible losses incurred by the User in connection with the use of the Service.
Compliance with Local Permits: Users are responsible for determining whether the goods or services they offer require additional permits or licenses in their country of residence and for obtaining such permits. The Administrator is not responsible for failure to obtain such permits.
External Links and Integrations: The Service may contain links to external websites or services over which the Administrator has no control. The Administrator is not responsible for the content, privacy policies or practices of these external websites or services.
No Logistics Services: The Administrator does not provide logistics services, such as shipping or transport. All arrangements for packaging, delivery or insurance of shipments take place directly between Users.
Adaptation to Applicable Law: Users themselves decide whether the goods or services offered require additional permits or licenses in their country and must obtain the necessary permits.
Professional Qualifications: The Administrator does not verify whether the User has the necessary licenses, certificates or qualifications to provide specific services (e.g. tourist guiding, hospitality). Any claims resulting from the lack of such qualifications should be directed directly to the User offering the service.
Trademark Protection: All trademarks, logos and markings related to the Service are the exclusive property of the Administrator. Unauthorized use of these marks may result in legal action.
6. Exclusion of Liability of the Administrator
Compensation: The User agrees to indemnify and hold harmless the Administrator from all claims, damages and costs (including legal fees) resulting from the User's use of the Website, violation of the Regulations or applicable law.
Legal Proceedings: In the event of initiating legal proceedings or other actions against the Administrator as a result of a violation of the law by the User, the User undertakes to cover all costs and compensation awarded to the Administrator (Article 471 of the Civil Code).
Infringement of Third Party Rights: The Administrator is not responsible for the actions of Users that may violate the rights of third parties, applicable law or ethical standards. Any disputes in this regard are the sole responsibility of the relevant User.
Specific Exclusions: The Administrator does not guarantee that the Website will be compatible with the User's devices or software, or that it will be free from errors, viruses or other malicious software.
Additional Clauses: The User is fully liable for any damage caused to the Administrator or third parties as a result of intentional, reckless or unlawful conduct on the Website.
7. Dispute Resolution, Mediation and Arbitration
Amicable Solution: Any disputes between Users should first be resolved amicably through direct negotiations.
Mediation: If an amicable solution is not possible, the User may request mediation conducted by the Administrator or an independent mediator. The costs of mediation are determined separately by the parties.
Arbitration: If mediation does not resolve the dispute, the parties may refer the case to arbitration in accordance with the provisions of the Code of Civil Procedure (Articles 183¹–183¹⁵). The administrator is not obliged to cover the costs of arbitration.
Court Jurisdiction: Legal disputes will be resolved by the court having jurisdiction over the seat of the Administrator, unless consumer protection regulations provide otherwise.
ODR Platform: Consumers can also use the European Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr, in accordance with Regulation (EU) No 524/2013.
Applicable Law: All disputes arising from these Terms and Conditions and the use of the Service will be governed by Polish law, taking into account conflict of laws provisions and superior EU standards. If the law of the Consumer's country of residence provides more favorable protection, it will apply.
Jurisdiction: Subject to the provisions on the jurisdiction of courts in consumer matters, all disputes relating to the Service shall be subject to the jurisdiction of the Polish courts. The User acknowledges that in some countries local courts may have jurisdiction over disputes relating to consumers.
Waiver of Class Action Lawsuit: You expressly waive any right to bring or participate in any class action lawsuit against the Administrator, to the extent permitted by local law.
Primary Applicable Regulations: In cases where mandatory legal provisions of a given country provide more favourable conditions for the Consumer or other User than those set out in these Terms and Conditions, such provisions shall prevail to the extent that they cannot be excluded by foreign law.
Complaints related to the Service: Users may submit complaints regarding the operation of the Service (e.g. problems with posting ads or technical errors) by sending an e-mail to the following address: biuro@mojezakopane.com. The Administrator will respond to the complaint within 14 days of its receipt.
8. Personal Data and GDPR
Data Administrator: The administrator of Users’ personal data is Tomasz Łuszcz, who processes such data in accordance with the Personal Data Protection Regulation (GDPR) 2016/679 and applicable national law.
Privacy Policy: Detailed information on the principles of personal data processing, the purposes and legal basis of such processing and the rights of Users can be found in the Privacy Policy available on the Website.
Safety Measures: The Administrator applies appropriate technical and organisational measures to protect Users’ personal data (Articles 24 and 32 of the GDPR), including encrypted connections, secured databases and access control procedures.
User Rights: Each User has the right to access their data, rectify it, delete it, transfer it and object to its processing. Any requests in this regard can be directed to the Administrator.
Data Storage: User data will be stored for the period necessary to provide the service or as long as required by applicable law.
Sharing Data: The Administrator may disclose the User's personal data to entities authorized under applicable law, including public authorities, courts and prosecutor's offices, as well as providers of technical services necessary for the maintenance and development of the Website.
International Data Transfers: In the case of international Users or situations requiring the transfer of data outside the European Economic Area (EEA), the Controller will take steps to ensure an adequate level of data protection, for example by using standard contractual clauses approved by the European Commission.
Profiling: The Service may use analytical tools to personalize content or offers (e.g. displaying advertisements tailored to the User's preferences). The User may object to such actions at any time if they affect their rights and freedoms.
9. Fees and Settlements
Price List of Services: The Service may offer additional paid services, such as ad promotion, highlighting or premium packages. The applicable fees are specified in the current price list available on the Service.
Payment Methods: Payments can be made via external payment operators, bank transfers or other methods provided by the Administrator. The User is responsible for all fees and commissions charged by the payment operator.
Invoices and Receipts: At the request of a User who is a business entity, the Administrator may issue a VAT invoice or receipt. The User must provide the necessary registration data.
Returns: Fees for additional services are non-refundable, unless legal provisions provide otherwise or the parties individually agree on a refund with the Administrator.
No Payment: In the event of non-payment for the service in accordance with the price list or during the promotional period, the Administrator reserves the right to cancel the order or suspend the provision of this service.
International Fees: When making payments from outside Poland, the User may incur additional fees for international transactions, in accordance with the policy of the bank or payment operator.
Settlements in Other Currencies: If the User makes a payment in a currency other than PLN, the transaction value may be converted by the payment operator at the applicable exchange rate. The Administrator is not responsible for exchange rate differences or additional service fees.
No Financial Services: The Administrator does not provide escrow, credit or other financial services. Users settle payments directly between themselves or through an external payment operator.
No Storage of Payment Data: The Service does not store Users' payment data. All payments are handled by external payment service providers.
10. Final Provisions
Changes to the Regulations: The Administrator reserves the right to change the Regulations at any time. Users will be informed of any changes via the Service or e-mail, depending on the scope of the changes.
Applicable Law: In matters not regulated by these Regulations, the following shall apply:
- Constitution of the Republic of Poland,
- Civil Code,
- Code of Civil Procedure,
- Act on the provision of services by electronic means,
- Consumer Rights Act,
- Personal Data Protection Act,
- Directive 2000/31/EC on electronic commerce,
- Directive 2011/83/EU on consumer rights,
- Regulation (EU) 2019/1150 on transparency on online platforms,
- Regulation (EU) No 524/2013 on the ODR platform,
- Regulation (EU) 2016/679 (GDPR),
- Regulation (EC) No 593/2008 (Roma I) on the law applicable to contractual obligations.
Legal Disputes: All disputes arising from the use of the Website will first be attempted to be resolved amicably; if no agreement is reached, disputes will be resolved by a court having jurisdiction over the seat of the Administrator, unless the law requires otherwise with respect to consumer protection.
Severability of Provisions: If any provision of these Terms is found to be invalid by a final court judgment, the remaining provisions will remain in full force and effect.
Notifications and Communications: All notifications, statements and communications addressed to Users will be made via e-mail, announcements on the Website or traditional mail, depending on the contact information provided by the Administrator.
Official Version of the Rules: In the event that the Regulations are published in multiple languages, the Polish version shall prevail. Translations are made for information purposes only.
Effective Date: These Regulations come into force on the date of their publication on the Website.
Additional Limitations of Liability: The User acknowledges that in some jurisdictions the exclusion or limitation of certain warranties may not be allowed. In such cases, the Administrator's liability will be limited to the maximum extent permitted by law.
Lack of Professional Advice: The Administrator does not provide professional legal, financial, tax or investment advice. The information provided on the Service does not constitute such advice and should not be used as a basis for making decisions.
Service Provision Agreement: Creating a User Account and/or using the functionalities of the Website constitutes an agreement with the Administrator for the provision of electronic services and is subject to these Regulations.
International Sanctions: The Administrator reserves the right to block access to the Website or its functionalities for Users from countries subject to international sanctions (e.g. UN, EU, USA) or other restrictions if the provision of services to such Users would violate these sanctions.
Violation Procedure: In the event of a suspected violation of these Regulations or applicable law:
- The Administrator may first issue a warning to the User, requesting that the infringement cease or that the infringing content be removed;
- If the violation continues or is serious, the Administrator may block, suspend or delete the User Account;
- The User has the right to provide an explanation or appeal against the Administrator's decision within 7 days of receiving notification of suspension or removal.
Local Restrictions: The User acknowledges that in some regions (e.g. Zakopane, Tatra Mountains) local regulations may apply regarding tourist rentals, running guide services or environmental protection. The User is responsible for verifying and complying with such local regulations.
No Verification of Professional Qualifications: The Administrator does not verify whether the User has the necessary licenses, certificates or qualifications to provide specific services (e.g. tourist guiding, hospitality). Any claims resulting from the lack of such qualifications should be directed directly to the User offering the service.
Last update date: 15-02-2025
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