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Terms and Conditions of mojezakopane.com

1. General Provisions

  1. Subject of the Terms and Conditions: These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) define the rules and conditions for using the website mojezakopane.com (hereinafter referred to as the “Service”), which allows Users to post advertisements, make reservations, and buy and sell goods and services.
  2. Administrator and Owner of the Service: The owner and administrator of the Service is Tomasz Łuszcz, conducting unregistered business in accordance with Article 5 of the Act of March 6, 2018, the Law of Entrepreneurs (hereinafter referred to as the “Administrator”). The Administrator can be contacted via email at biuro@mojezakopane.com or through the contact form available on the Service.
  3. Nature of Services: The Service operates as an intermediary platform for transactions between Users, as defined by Articles 384 and 471 of the Civil Code and Articles 14 and 15 of Directive 2000/31/EC on electronic commerce. Advertisements and offers published on the Service come from Users, and the Administrator is not a party to the agreements concluded between Users.
  4. Administrator’s Liability: The Administrator is not liable for any damages resulting from the use of the Service, including data loss, service downtime, actions of third parties, and the consequences of Users’ decisions based on content posted on the Service (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 entirely at the User’s own risk, on an “as is” basis.
  5. Acceptance of the Terms and Conditions: Use of the Service constitutes full acceptance of these Terms and Conditions and an obligation to comply with them. If the User does not accept these Terms and Conditions, they should not use the Service.
  6. Changes to the Terms and Conditions: The Service reserves the right to change these Terms and Conditions at any time, with the updated version taking effect upon publication on the website (Article 384(1) of the Civil Code). Users will be informed of any significant changes that may affect their use of the Service.
  7. Legal Basis: The Administrator and Users are required to comply with both national and EU law, including the Polish Constitution, the Civil Code, the Act on Electronic Services, the Consumer Rights Act, as well as applicable EU Directives and Regulations—specifically, Directive 2000/31/EC, Directive 2011/83/EU, Regulation (EU) 2019/1150, and Regulation (EU) 2016/679 (GDPR).
  8. Rules of Social Conduct: The User undertakes to use the Service in accordance with the law, good morals, and principles of social coexistence (Article 5 of the Civil Code, Article 8 of the EU Charter of Fundamental Rights), in particular refraining from actions that might infringe upon the rights or personal interests of other Users.
  9. Suspension of Access: The Administrator may temporarily suspend access to the Service in the event of necessary maintenance, modernization, or technical issues beyond the Administrator’s control.
  10. Paid and Free Services: The Service may offer both free services (e.g., basic ad posting) and paid services (e.g., ad highlighting). Detailed information on prices and the scope of services is available in the Service’s pricing section.
  11. Consumer Protection: If the User is a consumer, all provisions of these Terms and Conditions shall be interpreted in a manner that ensures protection of consumer rights under applicable law, including Directive 2011/83/EU on consumer rights.
  12. Territorial Scope: Users may come from Poland as well as other countries, and access to the Service is available from anywhere. The Administrator operates the Service in accordance with Polish law; however, international Users must comply with the law applicable in their country of residence if such law inevitably applies to the provided services.
  13. Conflict of Laws: In the event of a conflict between Polish law and the law of another country regarding contractual obligations, the provisions of Regulation (EC) No 593/2008 (Rome I) shall apply, provided these provisions are binding for the relevant transaction or legal relationship.
  14. Service Access Restrictions: The Administrator reserves the right to restrict or deny access to the Service for Users from certain countries or territories where the provision of such services is legally prohibited or poses excessive legal or financial risks (e.g., areas subject to international sanctions). In such cases, the Administrator shall not be liable for the inability of Users in those countries to use the Service.
  15. Jurisdiction: Subject to the rules regarding the jurisdiction of courts in consumer matters, all disputes related to the Service’s activities shall fall under the jurisdiction of Polish courts, in accordance with Sections 10.3 and 10.6 of these Terms and Conditions.

2. Definitions

  1. User – a natural person, legal entity, or organizational unit without legal personality that uses the Service in any form, including browsing content, posting advertisements, or making transactions. The minimum age for a User is 18 years, unless applicable law in the respective country states otherwise. Minors may use the Service only with the consent and supervision of their legal guardians.
  2. Advertisement – any information posted by a User on the Service regarding, inter alia, the sale, purchase, rental, service, or any other type of offer.
  3. Transaction – the conclusion of a contract between Users via the Service. The Administrator is not a party to such a contract.
  4. User Account – a set of resources and privileges that allows a User to access the extended functionalities of the Service, such as posting advertisements, making reservations, and managing them.
  5. Administrator – the entity managing and maintaining the Service, responsible, among others, for data security, technical updates, and ongoing operation.
  6. Terms and Conditions – this document, available on the Service’s website, which forms an integral part of the contract concluded with the User for the provision of electronic services.
  7. Additional Services – free or paid options offered within the Service, such as ad highlighting, promotion, increasing ad reach, or additional publication packages.
  8. EU Directives and Regulations – legal acts issued by EU institutions that apply to the Service, in particular, Directive 2000/31/EC, Directive 2011/83/EU, Regulation (EU) 2019/1150, Regulation (EU) No 524/2013 (ODR), and GDPR 2016/679.
  9. Trademarks – the name of the Service and any other designations (e.g., logos) that may be protected by industrial property rights, including trademarks. Unauthorized use of these may result in civil or criminal liability.
  10. Logistics and Payments – The Service does not provide logistics services (e.g., delivery or transportation) nor does it store Users’ payment data. All payments are processed through external operators.

3. Registration and Use of the User Account

  1. Account Registration: To gain full access to the Service’s functionalities, a User may create a User Account by providing the required accurate data in the registration form. The User guarantees that the information provided is true and up-to-date.
  2. Protection of Login Data: The User is obliged to keep their login data (username and password) confidential and must not disclose them to third parties.
  3. Account Use Rules: The User is fully responsible for all actions taken under their Account. The Administrator is not liable for any consequences of unauthorized use of the Account, unless such unauthorized use is solely due to the Administrator’s fault.
  4. Deletion or Suspension of the Account: The Administrator reserves the right to delete or suspend a User’s Account in the event of a breach of these Terms and Conditions, applicable law, or good morals, or upon request from competent state authorities.
  5. Termination of the Agreement: The User may at any time choose to discontinue using the Service and request the deletion of their Account. The Administrator will endeavor to ensure that this process is carried out efficiently and in accordance with applicable law, particularly data protection regulations.
  6. No Full Identity Verification: The Administrator does not conduct full verification of Users’ identities or the authenticity of posted offers. The User acknowledges that offers on the Service may not be entirely accurate.
  7. International Users: Users from outside Poland, upon registering, confirm that using the Service is permitted under the laws applicable in their country of residence. The Administrator is not liable for consequences arising from using the Service in jurisdictions where it may be prohibited.

4. Posting Advertisements, Reservations, and Content by Users

  1. Prohibited Content: It is prohibited to post on the Service any content that is contrary to the law, infringes the rights of third parties (including copyright or personal rights), is unethical, offensive, or misleading.
  2. Content Removal: The Administrator may remove or block content posted by a User if such content violates the law, these Terms and Conditions, or good morals.
  3. Copyrights: By posting content (e.g., photos, videos, descriptions) on the Service, the User declares that they hold all necessary rights (including copyright) and grants the Administrator a non-exclusive license to display and store such content on the Service.
  4. Contact Information: The User is responsible for the accuracy of any contact information they publish and agrees not to post personal data of third parties without their consent.
  5. Promotion and Highlighting: The Administrator allows Users to use additional options for promoting or highlighting advertisements in the Service, in accordance with the current pricing.
  6. Disclosure of Data: The Administrator may disclose a User’s data to law enforcement or other authorized entities in the event of a legal violation or upon request under applicable law.
  7. Responsibility for Content: The User is solely responsible for all content they post on the Service, including ensuring that such content is lawful and factually correct. The Administrator does not verify, check, or guarantee the reliability, currency, or security of such content.
  8. Image Rights and Graphic Materials: When posting photos or other graphic materials, the User declares that they do not infringe on the image rights of third parties (pursuant to Article 81 of the Act on Copyright and Related Rights). In the event of infringement, the User shall bear full responsibility.
  9. Reservations: If the Service facilitates reservations (e.g., for accommodations or tourism services), all conditions regarding cancellations, deposits, changes of dates, or refunds must be specified in the offer posted by the service provider. The Administrator is not liable for non-performance or improper performance of reservations.
  10. Notice and Takedown: Any reports concerning violations of copyright, trademarks, or other third-party rights should be directed to biuro@mojezakopane.com along with supporting documentation (e.g., proof of trademark registration, a description of the infringement, and a request for content removal). The Administrator undertakes to review such reports within a reasonable timeframe and, if justified, to remove or block the reported content.

5. Responsibilities of the Parties

  1. User’s Responsibility: The User is fully responsible for all actions taken when using the Service, including the content posted in advertisements, conducting transactions, and any financial obligations incurred.
  2. Administrator’s Responsibility: The Administrator is liable only within the limits set by law and these Terms and Conditions. The Administrator is not responsible for any physical or legal defects in goods sold by Users or the quality of services provided by them.
  3. Exclusion of Liability for Transactions: The Administrator is not a party to contracts concluded between Users and is not liable for the non-performance or improper performance of reciprocal obligations (Article 474 of the Civil Code, Article 15 of Directive 2000/31/EC).
  4. Tax Obligations: The User is solely responsible for settling taxes and other public levies related to transactions conducted via the Service.
  5. Force Majeure: Neither Party shall be liable for failure or improper performance of obligations arising from the contract due to force majeure (Article 435 of the Civil Code).
  6. No Warranty or Implied Guarantee: The Administrator does not provide any warranty or guarantee for goods and services offered by Users through the Service. Any claims related to defects or non-conformity of goods or services should be addressed directly to the seller.
  7. Limitation of Liability: To the fullest extent permitted by law, the Administrator shall not be liable for lost profits, indirect, incidental, consequential, moral damages, loss of data in computer systems, or any other immaterial losses incurred by the User in connection with the use of the Service.
  8. 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 liable for any failure to obtain such permits.
  9. 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.
  10. No Logistics Services: The Administrator does not provide logistics services such as shipping or transportation. Any arrangements regarding packaging, delivery, or insurance of shipments are made directly between Users.
  11. Adaptation to Applicable Law: Users shall independently determine whether the goods or services they offer require additional permits or licenses in their country and must obtain the necessary authorizations.
  12. Professional Qualifications: The Administrator does not verify whether a User possesses the necessary licenses, certificates, or qualifications to provide specific services (e.g., tour guiding, hospitality). Any claims arising from a lack of such qualifications should be directed to the User offering the service.
  13. Trademark Protection: All trademarks, logos, and designations associated with the Service are the exclusive property of the Administrator. Unauthorized use of these marks may result in legal action.

6. Exclusion of Administrator’s Liability

  1. Indemnification: The User agrees to indemnify and hold the Administrator harmless from any claims, damages, and costs (including legal fees) arising from the User’s use of the Service, any breach of these Terms and Conditions, or violation of applicable law.
  2. Legal Proceedings: In the event that legal proceedings or any other actions are initiated against the Administrator as a result of the User’s violation of the law, the User agrees to cover all costs and damages awarded against the Administrator (Article 471 of the Civil Code).
  3. Third-Party Rights Infringement: The Administrator is not liable for actions by Users that may infringe the rights of third parties, violate applicable law, or ethical standards. Any disputes arising in this context shall be the sole responsibility of the respective User.
  4. Specific Exclusions: The Administrator does not warrant that the Service will be compatible with the User’s devices or software, or that it will be free from errors, viruses, or other malicious software.
  5. Additional Clauses: The User is fully responsible for any damages caused to the Administrator or third parties as a result of intentional, reckless, or unlawful behavior on the Service.

7. Dispute Resolution, Mediation, and Arbitration

  1. Amicable Settlement: Any disputes between Users should first be resolved amicably through direct negotiations.
  2. Mediation: If an amicable resolution cannot be reached, the User may request mediation conducted by the Administrator or an independent mediator. The costs of mediation shall be determined separately by the parties.
  3. Arbitration: If mediation fails to resolve the dispute, the parties may refer the matter to arbitration in accordance with the provisions of the Polish Code of Civil Procedure (Articles 183(1)–183(15)). The Administrator is not obliged to cover arbitration costs.
  4. Court Jurisdiction: Legal disputes shall be resolved by the court having jurisdiction over the Administrator’s registered office, unless consumer protection provisions provide otherwise.
  5. ODR Platform: Consumers may 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.
  6. Governing Law: All disputes arising from these Terms and the use of the Service shall be governed by Polish law, taking into account conflict-of-law rules and overriding EU norms. If the law of the consumer’s country of residence provides for stronger protection, that protection shall apply.
  7. Jurisdiction: Subject to the provisions regarding the jurisdiction of courts in consumer matters, all disputes concerning the Service shall be subject to the jurisdiction of Polish courts. The User acknowledges that in some countries, local courts may have jurisdiction over disputes involving consumers.
  8. Class Action Waiver: The User expressly waives the right to bring or participate in class action lawsuits against the Administrator, insofar as local law permits.
  9. Overriding Mandatory Provisions: In cases where mandatory legal provisions in a given country provide more favorable conditions for a consumer or other User than those set forth in these Terms, such mandatory provisions shall take precedence to the extent that they cannot be excluded by foreign law.
  10. Service-Related Complaints: Users may submit complaints regarding the operation of the Service (e.g., issues with posting ads or technical errors) by emailing biuro@mojezakopane.com. The Administrator will respond to complaints within 14 days of receipt.

8. Personal Data and GDPR

  1. Data Controller: The data controller for Users’ personal data is Tomasz Łuszcz, who processes such data in accordance with the General Data Protection Regulation (GDPR) 2016/679 and national law.
  2. Privacy Policy: Detailed information on the principles of personal data processing, the purposes and legal bases for such processing, and the rights of Users can be found in the Privacy Policy available on the Service.
  3. Security Measures: The Administrator applies appropriate technical and organizational measures to protect Users’ personal data (Articles 24 and 32 of the GDPR), including encrypted connections, secure databases, and access control procedures.
  4. User Rights: Every User has the right to access, rectify, delete, transfer their data, and to object to its processing. Any requests in this regard may be submitted to the Administrator.
  5. Data Retention: Users’ data will be retained for the period necessary to provide the Service or for as long as required by applicable law.
  6. Data Disclosure: The Administrator may disclose Users’ personal data to entities authorized under applicable law, including public authorities, courts, and prosecutors, as well as to technical service providers when necessary for the maintenance and development of the Service.
  7. International Data Transfers: In cases involving international Users or situations requiring data transfer outside the European Economic Area (EEA), the Administrator will take steps to ensure an adequate level of data protection, for example by using standard contractual clauses approved by the European Commission.
  8. Profiling: The Service may utilize analytical tools to personalize content or offers (e.g., displaying ads tailored to a User’s preferences). The User may object to such profiling at any time if it affects their rights and freedoms.

9. Fees and Settlements

  1. Service Pricing: The Service may offer additional paid services, such as ad promotion, highlighting, or premium packages. The applicable fees are set forth in the current pricing list available on the Service.
  2. Payment Methods: Payments may be made via external payment operators, bank transfers, or other methods provided by the Administrator. The User is responsible for any fees and commissions charged.
  3. Invoices and Receipts: Upon request by a User who is a business entity, the Administrator may issue a VAT invoice or receipt. The User must provide the necessary registration details.
  4. Refunds: Fees for additional services are non-refundable unless otherwise required by law or individually agreed upon with the Administrator.
  5. Non-Payment: In the event of non-payment of a service as specified in the pricing list or during a promotional period, the Administrator reserves the right to cancel the order or suspend the provision of that service.
  6. International Fees: For payments made from outside Poland, the User may incur additional international transaction fees, subject to the policies of the bank or payment operator.
  7. 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 prevailing exchange rate. The Administrator is not responsible for any exchange rate differences or additional handling fees.
  8. No Financial Services: The Administrator does not provide escrow, credit, or any other financial services. Users settle payments directly with each other or through the external payment operator.
  9. No Storage of Payment Data: The Service does not store Users’ payment data. All payment processing is handled by third-party providers.

10. Final Provisions

  1. Amendments to the Terms and Conditions: The Administrator reserves the right to amend these Terms and Conditions at any time. Users will be informed of any changes via the Service or by email, depending on the scope of the amendments.
  2. Governing Law: In matters not regulated by these Terms and Conditions, the following laws shall apply:
    • The Polish Constitution,
    • The Civil Code,
    • The Code of Civil Procedure,
    • The Act on Electronic Services,
    • The Consumer Rights Act,
    • The Act on Personal Data Protection,
    • Directive 2000/31/EC on electronic commerce,
    • Directive 2011/83/EU on consumer rights,
    • Regulation (EU) 2019/1150 on transparency in online platforms,
    • Regulation (EU) No 524/2013 on online dispute resolution,
    • Regulation (EU) 2016/679 (GDPR),
    • Regulation (EC) No 593/2008 (Rome I) concerning the law applicable to contractual obligations.
  3. Legal Disputes: All disputes arising from the use of the Service shall first be attempted to be resolved amicably; if no resolution is reached, disputes shall be settled by the court having jurisdiction over the Administrator’s registered office, unless mandatory legal provisions (especially those protecting consumers) provide otherwise.
  4. Severability: If any provision of these Terms and Conditions is held to be invalid by a final court judgment, the remaining provisions shall continue to be in full force and effect.
  5. Notices and Communications: All notices, statements, and communications directed to Users will be made via email, Service announcements, or traditional mail, depending on the contact information provided by the Administrator.
  6. Official Version of the Terms: In the event that these Terms and Conditions are published in multiple languages, the Polish version shall prevail. Translations are provided for informational purposes only.
  7. Effective Date: These Terms and Conditions shall become effective as of the date of their publication on the Service.
  8. Additional Limitations of Liability: The User acknowledges that in some jurisdictions, exclusion or limitation of certain warranties may not be permitted. In such cases, the Administrator’s liability shall be limited to the maximum extent permitted by law.
  9. No 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 serve as a basis for making decisions.
  10. Service Agreement: The creation of a User Account and/or use of the Service’s functionalities constitutes an agreement with the Administrator for the provision of electronic services and is subject to these Terms and Conditions.
  11. International Sanctions: The Administrator reserves the right to block access to the Service or its functionalities for Users from countries subject to international sanctions (e.g., by the UN, EU, or USA) or other restrictions if providing services to such Users would violate those sanctions.
  12. Procedure for Handling Violations: In the event of suspected violations of these Terms and applicable law:
    • The Administrator may first issue a warning to the User, requesting cessation of the violation or removal of the offending content;
    • If the violation continues or is severe, the Administrator may block, suspend, or delete the User’s Account;
    • The User has the right to submit explanations or appeal the Administrator’s decision within 7 days from the receipt of the notice regarding the suspension or deletion.
  13. Local Restrictions: The User acknowledges that in certain regions (e.g., Zakopane, the Tatra Mountains), local regulations concerning tourist rentals, guided services, or environmental protection may apply. The User is responsible for verifying and complying with such local regulations.
  14. No Verification of Professional Qualifications: The Administrator does not verify whether a User has the necessary licenses, certificates, or qualifications to provide certain services (e.g., tour guiding, hospitality). Any claims arising from the lack of such qualifications should be directed to the User offering the service.

Last update date: 15-02-2025

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