Online booking terms and conditions

These Terms and Conditions define the rules for making purchases in the online store operated by the Seller at https://kartcenter.pl/

Seller: KartCenter Sp. z o.o.
Stanisława Lema 4A/1, 80-126 Gdańsk NIP: 9571088613

The Seller can be contacted:
By phone: +48 692 277 978 (cost of the call according to the operator’s tariff).
Using the email address: info@kartcenter.pl

1. Definitions

Terms and Conditions – these Terms and Conditions of the Service Reservation in the Online Reservation System.
Service – an entertainment and sports event in the field of go-kart driving with the date or period of its provision by the Seller.
Reservation – ordering a Service in the Online Reservation System through the website at https://kartcenter.pl/, through which the Seller offers the sale of the Service and through which the Client may make a Service Reservation
Seller – KartCenter Sp. z o.o., Stanisława Lema 4A/1, 80-126 Gdańsk KRS 0000636022, NIP: 9571088613, REGON 36536198500000.
Working Days – one day from Monday to Friday, excluding public holidays.
Client – a natural person, legal person or organizational unit without legal personality, but having legal capacity, who, on the terms specified in these Terms and Conditions, makes a Service Reservation in the Reservations tab maintained by the Seller of the website at https://kartcenter.pl/.
Consumer – a natural person making a Reservation or concluding an agreement with the Seller as part of a Reservation, the subject of which is not directly related to their business or professional activity.
Entrepreneur with consumer rights – an Entrepreneur who makes a Reservation for a Service related to his business activity, but not of a professional nature for him, in accordance with Article 7aa of the Act on Consumer Rights and Article 3855, Article 556⁴, Article 5565 and Article 576⁵ of the Civil Code Act.
Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, which is granted legal capacity by a separate act, who performs business activity in its own name, who makes a Service Reservation, and is not an Entrepreneur with consumer rights.
Subject of the transaction – Service.
Distance Contract – an agreement concluded with the Client as part of the Booking, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
Service Order – a declaration of intent of the Client clearly specifying the type and quantity of the Service, aimed directly at concluding a sales agreement on the terms and conditions specified in these Terms and Conditions.
Civil Code – Act of 23 April 1964 (Dz.U. No. 16, item 93, as amended).
Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.

2. General Principles

These Terms and Conditions define the rules for using the reservations tab available at https://kartcenter.pl/rezerwacje-gdansk/
The condition for placing an Order in the Online Booking System by the Client is to read these Terms and Conditions and accept their provisions at the time of making the Booking.
The Seller makes reservations through the Online Reservation System, telephone or e-mail contact.
In order to place a Reservation in the Online Reservation System, the following technical requirements must be met on the Client’s side, necessary for cooperation with the ICT system used by the Seller:
- Have an email account.
- Have a computer, smartphone, or tablet with Windows, Mac OS X, Linux, or Android.
- Have a web browser installed in the following version or higher: Internet Explorer version 9, Chrome version 46, Safari version 8, Firefox version 41, Opera version
The Client is obliged to use the Online Reservation System in a manner consistent with the law and good morals, taking into account the respect for personal rights and copyrights, property rights and intellectual property of the Seller and third parties.
A customer

3. Pricing

All prices listed in the Online Booking System are gross prices given in Polish zlotys (including all applicable taxes).

4. Making a Service Reservation

Service bookings are accepted by the Seller through the Online Booking System.
Reservations of the Service in the Online Reservation System can be made 24 hours a day, 7 days a week throughout the year.
Placing a Service Reservation consists in the first step of selecting a package, then selecting the day, the number of people participating in the Service and the start time, and then clicking the “Add to Cart” button in the Online Reservation System.
Ordering the Service is possible after registering an account in the reservations tab by providing your name, surname, date of birth, nickname, enamel address. An order for the Service is effective if the Client correctly fills in the Booking form and correctly provides contact details: the exact e-mail address to which the order is to be sent and a telephone number.
In the event that the data provided is not complete, the Seller will contact the Client. If contact with the Customer is not possible, the Seller has the right to cancel the Order and refund the funds to the virtual account in the Apex system.
In the process of placing a Reservation, the Client receives a confirmation of placing an order to the e-mail address provided.
If the Client wishes to make a reservation and receive an invoice, he is obliged to contact the Seller and complete the formalities by e-mail or phone, including providing invoice data (in the case of a personal invoice – name, surname, and in the case of companies – company data, tax identification number, address), which is sent to the Client in electronic form, no later than within 7 working days, to which the Client hereby agrees.
The Booking begins after the payment has been made by the Client.
The Service is reserved at the time of payment by the Client.
In order to confirm the Booking, the Client pays the full price of the Booked Service.
In case of non-compliance with the Track Rules and attempting to make a Reservation under the influence of alcohol, the amount paid remains non-refundable.
In the absence of the date indicated in the Reservation by the Client, the Seller will inform the Client about the above and about the alternative dates of the Reservation immediately, no later than 48 hours after the Reservation has been made.
Reservations are made in Polish.
The Online Reservation System sells in Polish.

5. Payment Methods for the Service Reservation

The Seller provides the Client with the following payment methods under the Sales Agreement

Instant payments https://www.przelewy24.pl/ – e-transfers,
Blik.

6. Refund Policy for Online Bookings

A refund of the price paid by the Client is possible by returning it to the account provided when making the reservation in the event of non-performance of the entertainment and sports event (the ordered Service) for reasons attributable to the Seller.
Pursuant to Article 38(12) of the Act on Consumer Rights, the Client is not entitled to withdraw from a contract concluded outside the premises of the enterprise or at a distance in relation to a contract for the provision of services related to entertainment, sports or cultural events, if the contract specifies the date or period of service provision.
In addition to the situation described in paragraph 2 above, however, the Seller allows a refund of the price of the Service Reservation in the event of the Client’s resignation from participation in an entertainment and sports event (Service) that the Client previously booked in the Online Reservation System. The Client may use the above-described resignation from participation in an entertainment and sports event (Service) only no later than 5 days before the day of the entertainment and sports event (the Services) that has been booked. After this time, a refund is not possible.
The refund referred to in paragraph 3 above is possible to the Client’s virtual account in the Apex Timing system.
A reservation that has not been canceled within the specified period will be automatically settled from the funds paid. Funds are not returned to the Client’s account.
The Client is responsible for reducing the package resulting from the use of the Package in a manner beyond what is necessary for the smooth functioning of the Booking.

7. Complaint procedure

The Seller is obliged to make a Reservation for the customer with due diligence.
The basis and scope of the Seller’s liability towards the Customer are defined by generally applicable legal provisions, in particular the Civil Code and the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014, item 827, as amended).
Complaints may be submitted by the Client, for example: in writing to the Seller’s correspondence address: KartCenter Sp. z o.o., Galeria Morena, Parking -2, Schuberta 102A Street, 80-172 Gdańsk or in electronic form, by e-mail, to the Seller’s address: info@kartcenter.pl
It is recommended that the Client provide the following data in the description of the complaint:
1. Name,
2. Address,
3. E-mail address,
4. Booking date
5. The subject of the complaint, with an indication of the request,
6. Any circumstances justifying the complaint.
The Client will be informed about the resolution of the complaint by e-mail.
The Seller shall respond to the Client’s complaint immediately, no later than within 14 calendar days from the date of its submission. The Seller’s failure to respond within the above period means that the Seller has considered the complaint to be justified.
In the event that the complaint is considered in favor of the Client, the Seller will agree on terms of compensation satisfactory to both Parties.

8. Provisions concerning Entrepreneurs

The provisions of this paragraph apply to Clients who are Entrepreneurs, as defined in these Terms and Conditions.
In relation to Customers who are Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in whole or in part, regardless of the payment method chosen by the Entrepreneur or the conclusion of the Sales Agreement.
The Seller’s total liability towards the Client who is an Entrepreneur for non-performance or improper performance of the Sales Agreement is limited to the amount of the price paid for the Goods. The Seller shall not be liable for lost profits in relation to the Professional Entrepreneur.
The settlement of any disputes between the Seller and the Client, who is an Entrepreneur, shall be submitted to the court competent for the Seller’s registered office.

9. Out-of-court methods of handling complaints and pursuing claims

A Client who is a Consumer or an Entrepreneur with consumer rights has, among others, the following possibilities of using extrajudicial means of settling complaints and pursuing claims, including:
1. apply to the permanent consumer arbitration court with a request to settle the dispute arising from the concluded sales agreement operating at the Trade Inspection Authority.
2. to apply for the initiation of mediation proceedings on the amicable settlement of the dispute between the Client and the Seller to the voivodeship inspector of the Trade Inspection.
3. obtaining free assistance in resolving a dispute between the Client and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Polish Consumers Association). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and via e-mail: porady@dlakonsumentow.pl
4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

10. Personal data

The Seller is the administrator of the Client’s personal data.
Providing personal data is voluntary, however, necessary for the Client to make a Reservation, and their absence will result in the Client’s inability to make a reservation.
The Seller processes personal data in order to execute the Reservation, concluded agreements, to issue an invoice, bill or conduct financial reporting and to pursue the legitimate interest of the Administrator, for marketing purposes and other purposes required by applicable regulations (e.g. handling complaints, returns). Detailed information on the processing of personal data is available in the Privacy Policy.
The Client has the right to access the personal data provided, to correct them, to rectify them, to request their deletion, the right to limit processing, to object to the processing of personal data and the right to transfer data. The Client also has the right to lodge a complaint with the supervisory authority if the data is processed in violation of legal requirements.
With the Client’s consent, the data may also be processed for the purpose of sending commercial information electronically, via the provided e-mail address and/or telephone number. To the extent that the data is processed on the basis of a separate consent of the Client, the Client has the right to withdraw the consent at any time. However, this will not affect the lawfulness of the data processing that was carried out before its withdrawal.
As part of the execution of the Order, the Client’s personal data will be disclosed to third parties providing services for and on behalf of the Seller.
Third parties will be obliged to apply appropriate security measures and to process personal data only for the purposes indicated by the Administrator.
Personal data is processed only within the scope of the Reservation, however, the period of personal data processing will be extended by the period of limitation of claims, in the event of pursuing possible claims or defending against such claims.
Personal data in the scope and purpose of marketing activities are processed only for the duration of marketing activities conducted by the Administrator or until the Client expresses an objection or until the consent to receive marketing messages to the e-mail address and/or phone number is withdrawn.

11. Final provisions

The Client using the Online Booking System accepts these terms and conditions.
Reservations made by the Client before the amendments to the Terms and Conditions come into force will be made in accordance with the existing provisions of the Terms and Conditions.
In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the Provision of Services by Electronic Means, the Act on Consumer Rights and other relevant provisions of the generally applicable law.
Disputes arising from the application of these Terms and Conditions and in connection with the performance of the concluded agreements between the Seller and the Clients shall be considered by the court with jurisdiction in accordance with the provisions of substantive and territorial jurisdiction in accordance with the Code of Civil Procedure Act of 17.11.1964.