Terms and Conditions - www.naukaplywania.waw.pl
These rules are rules, referred to in Art. 8 of the Act of 18 July 2002. On the provision of electronic services (Dz. U. of 2002. No. 144, item. 1204, as amended.).
These rules drawn up in Polish and a standard contract.
In order to conclude a contract with the organizer of the client can exercise the right to negotiate terms of the contract or enter into a contract with the organizer on the basis of these regulations.
Content Regulation in the event of a separate decision of the customer is the content of the agreement between the parties. The agreement is in accordance with the current regulations perpetuated and made available to the customer on a durable medium, in order to guarantee the customer the ability to rely on it if necessary.
This Regulation shall be made available on the website: www.naukaplywania.waw.pl . Each user can get access to these rules at any time via a link found on the main website. Terms can be fixed, win and play at any time through its print, save on a suitable carrier or download it and save it in your computer's memory. Free program to view files in PDF format for download on the website: http://get.adobe.com/reader/
Organizer declares that the provisions of these Regulations are not intended to exclude or restrict any rights, who is also a consumer within the meaning of the Act of 23 April 1964 - Civil Code (Dz. U. No. 16, pos. 93, as amended.), Entitled him under mandatory provisions of law.
Organizer declares that in case of non-compliance with the provisions of these regulations generally applicable law, priority is given to those provisions.
In matters not regulated herein appropriate provisions of law in force in the territory of the Polish Republic.
You have the opportunity to familiarize themselves with the code of good practices entrepreneurs. The Code of Practice is in the Act of 23 August 2007. On counteracting unfair market practices. The current wording of the Act is available at http://isap.sejm.gov.pl/
The customer in the event of a dispute with the organizer has the possibility of an amicable settlement by: turning to a permanent consumer courts of arbitration, mediation, asking the provincial inspector of Trade Inspection, get free help on the settlement of the dispute by the Consumer Federation using the free consumer helpline 800 007 707 .
Whenever in these regulations, the following terms will be understood them as follows:
- Organizer - Daniel Ślusarczyk, conducting business under the name "Sports Games" with its registered office in Warsaw at ul. 66K Kielce, 05-500 Nowa Iwiczna, NIP 6611314570, REGON 015821403, entered into CEIDG;
- The customer or user - a person who enters into a distance contract with the organizer of services;
- Participant - person participating in activities organized by the organizer of the conditions laid down in this Regulation;
- Guardian - a parent or another person who is the legal guardian of the child or the person liable for the temporary custody under a separate agreement with the legal guardians of the child;
- Classes - sports, swimming lessons taught by the organizer in accordance with this Regulation;
- The course - a series of consecutive activities (occupational units), held under the conditions indicated in the order placed by the customer and in the carnet,
- The pass - delivered electronically to the client document, confirming details of the conditions to participate in classes and qualifying to participate in certain activities in its content.
II General Provisions
- The organizer of the classes and swimming lessons www.naukaplywania.waw.pl own a website through which the agreement is concluded at a distance of services is Daniel Ślusarczyk, conducting business under the name "Sport Games", based in New Iwiczna, ul. 66K Kielce, 05-500 Nowa Iwiczna, NIP 6611314570, REGON 015821403, entered into CEIDG (Central Registration and Information on Economic Activity).
- The object of the organizer is to conduct sports and recreational activities for children.
- Classes are organized in the following sports facilities: Swimming Pool and Recreation Centre Ochota, Rokosowska 10, Warsaw, Dolphin Swimming Pool and Recreation Centre Will, Kasprzaka 1/3, Warsaw, Penguin Pool and Recreation Centre Bemowo, ul. Oławska 3a, Warsaw.
- Objects listed in section 3 have their own internal regulations, safety standards and fire regulations. These are acts which regulate internal affairs institutions, which established them, because using these facilities are required to strictly comply with them while staying in these facilities.
- The organizer enters into a contract for the provision of services through the website www.naukaplywania.waw.pl. The user enters into a contract at a distance from the organizer using the form available on the website of the organizer.
III. Acquisition of the carnet
- The pass entitles you to admission to classes at the sports facility.
- The customer may purchase a ticket by placing an order through the website 24 hours a day, 7 days a week.
- The cost of the carnet determines the price list provided by the organizer.
- All prices shown on the website www.naukaplywania.waw.pl. They are gross, containing value-added tax (VAT).
- Information about the services provided by the organizer and karnetach presented on the website www.naukaplywania.waw.pl. not constitute an offer within the meaning of the Civil Code; They constitute an invitation to contract for the provision of services.
- Sending the application constitutes an offer within the meaning of the Civil Code, submitted to the organizer by the customer.
- The organizer reserves the right to change the price list. Changing the price list does not apply to contracts already concluded.
- In order to purchase booklet should be available on the website of the form to choose: swimming pool, child's age, day of the week, instructor.
- Then, on the website of the organizer will be information in tabular form about the number of vacancies in the group. In order to successfully conclude an agreement must select one of the proposed activities and follow the instructions on the screen.
- The form should also be supplemented by information on the health of the child and the absence of contraindications to participate in activities.
- The organizer is not entitled to carry out medical research participants. Parents or legal guardians of minors participants should seek their own before the start of classes consult the competent doctor.
- In order to complete the procedure order, the customer should click APPLY.
10. The customer's specified in the notification e-mail will be sent confirming the initial booking.
- Client should make payment of the price on the date indicated in the initial booking.
- The contract is concluded upon receipt of payment for the seizure by the organizer or furnish to the address email@example.com generated by the customer's bank confirmation of the transfer.
- The customer is entitled to determine the form of the bill (receipt or invoice). The customer determines the form of the bill at the latest at the time of ordering.
- The customer makes a payment to the bank account specified in the initial organizer of booking.
- The customer should print submitted in electronic form booklet and present it before the class the teacher or other person authorized by the organizer.
- The pass entitles to participate in activities conducted by the organizers include the following information: the total price voucher for all services, the period of validity of the carnet, the number of classes, course dates (date and time of each individual class), the name of the participant classes.
- The pass entitles you to participate only in activities which have been identified in a complex order. The pass is not valid for arbitrary changes by the customer classes.
- Any replacement or homework activities is changing the terms of the agreement and upon the consent of both parties. The proceedings in the above-specified range govern the further provisions of these Regulations.
- Value of lift pass includes the below services provided by the organizer: organizing and conducting lessons swimming lessons, organizing and conducting additional training for guardians of minors or participants in more than 5 years of age, service reservation system.
IV Organization swimming classes
- Classes are held in age groups once a week according to schedule.
- Ticket price does not include additional facilities (sauna, jacuzzi).
- The customer may purchase at checkout additional attractions of a sports facility (sauna, jacuzzi). The cost of additional interest is given in the price list applicable at the sports facility.
- Standards for safety regulations limit the number of children using at any one time with swimming and participating in activities carried out by one instructor. The entry on the list of participants determines the correct sequence entries and to show proof of payment.
- After informing the client, the organizer may change the date or place of the teacher or instructor other than those arising from the application form. In case of changing conditions and postponement attributable to the organizer, the customer can without giving any reasons to cancel the contract and give up further participation in the classes. In such situations, the organizer will ask the customer amount for all classes yet unrealized.
- In the event of failure of classes for reasons attributable to the organizer (in particular due to a breakdown, closing the sports facility etc.), the organizer undertakes to provide lessons at another time, or another object, or with another instructor, or another group. The anticipated changes organizer undertakes to inform the participants immediately by providing information on the website of the organizer and / or by sending an e-mail to the address given in the application client and / or message indicated by the customer on the phone number SMS messages.
- Participants who do not wish to change the conditions of performance benefits to the extent specified in point. 5 and point. 6 may withdraw from the agreement, and the organizer will return them immediately amount for classes in which they will participate.
- The organizer provides highly qualified swimming instructors. The presence of trainers does not relieve the caretakers of participants from the behavior of minor participants oversight activities for which the public or are contractually obliged to supervision.
- According to the art. 426 and Art. 427 of the Civil Code minors under the age of thirteen, is not responsible for the damage. Compensation for damage caused by the person because of their age or mental or bodily condition of guilt can not be read, is bound person who by law or contract is required to supervise that person.
V worked out absence from classes
- Homework classes in another group than indicated in the contract with the customer's application constitutes a change in the terms of service.
- Organizer shall have no legal obligation to consent to changing the conditions of the agreement for the provision of services following the customer's request.
- An electronic system for reporting absences to amend the terms of service at the request of the customer is the good will of the organizer.
- The electronic system is open 24 hours / day, 7 days a week.
- Organizer available on the website of the electronic system for reporting absence and choose odrabianych activities at the earliest to 6 days and no later than 24 hours for planned absences http://naukaplywania.waw.pl/odrabianie .
- 6 In the case that the client due to reasons for which the customer has not informed before the start of classes with a minimum of 24 - hours in advance of the anticipated absence, the opportunity to report doing classes is disabled.
- Optional information on the expected absence of the customer can submit by email for the organizer.
- Changing the terms of the agreement to swap a class group at the customer's request to be notified via e-mail are permitted provided they are received by the organizer of a working day hours 17.00 - 20.00.
- Entries made in the days of public holidays shall be deemed accepted on the next working day the office at 17:00.
- In the case of applications filed by e-mail when notification would take place on a day off from work after office hours and classes canceled przypadałyby the first working day of office in which the organizer accept the message the client application is not deemed to be accepted.
VI Termination of the contract
- The customer who is also a consumer, pursuant to art. 27 of the Law on Consumer Rights, which has a contract at a distance, may withdraw from it without giving any reason and at no cost, with the exception of the costs referred to in Art. 33, 34 and 35 of the Act on consumer rights, making a statement in writing within fourteen (14) days from the date of receipt of the item or fourteen (14) days from the date of the contract for the provision of services. To comply with this deadline, you must send a statement before its expiry. The statement can be sent electronically or by mail to the organizer.
- Organizer confirms the customer who is also a consumer immediately upon receipt of the notice of cancellation of its receipt. Such confirmation is sent to the e-mail address, specified when sending a notification or designated as a contact for the declaration to withdraw from the contract.
- In the event of withdrawal, the contract shall be considered null and void.
- Organizer immediately, not later than 14 days from the date of receipt of the notice of withdrawal from the contract by the customer who is a consumer, the consumer will return all payments made by him, including the cost of delivery of the Product, provided that the organizer shall refund the payment using the same method of payment , which he used the consumer, unless the consumer has expressly agreed a different way of return, which does not bind him any costs.
- The consumer, in the event of withdrawal from a distance contract for services with the consent of the consumer started before the deadline for withdrawal, has an obligation to pay for the benefits satisfied until withdrawal.
- The amount paid is calculated in proportion to the extent fulfilled the liabilities, including the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is fulfilled market value of the benefit.
- The consumer, in accordance with Art. 39 of the Act on consumer rights is not entitled to withdraw from the contract in the case: a service, if the entrepreneur has made a full service with the express consent of the consumer, who has been informed before the provision that under the provision of the entrepreneur loses the right to withdraw from the agreement; in which the price or remuneration depends on fluctuations in the financial market that the seller has no control and which may occur before the deadline for withdrawal; in the subject of which is the provision for non-prefabricated, manufactured according to the specifications of the consumer or his servant meet individual needs; in which the subject is the thing dispersible provide rapid decay or having a short shelf life; in which the subject of the provision is the thing delivered in a sealed package, which after opening the package can not be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery; in which the subject of the provision are things that after delivery, due to their nature, are inextricably linked with other things; in which the subject of the provision of alcoholic beverages, the price of which has been agreed in a contract of sale and the supply of which can only take place after 30 days and whose value depends on fluctuations in the market, the trader does not control; in which the consumer has specifically demanded that the entrepreneur came to him to make urgent repairs or maintenance; if the trader provides additional services other than those where the performance of the consumer demanded or provides things other than replacement parts necessary to perform repairs or maintenance, the right to withdraw from the contract granted to the consumer in relation to additional services or goods; in which benefits are subject to a sound recording or visual or computer programs delivered in a sealed package, if the package was opened after delivery; to deliver newspapers, periodicals or magazines, with the exception of subscription contracts; concluded at a public auction, for the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment events, sports or cultural, if the agreement marked a day or period of performance; o delivery of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed him by the entrepreneur about the loss of the right of withdrawal.
- Each party has the right to terminate the contract at any time during the course. The right to terminate this Agreement, the Parties shall implement by making a declaration in writing. For services rendered and for the use of things should be the appropriate remuneration.
- The declaration of intent, which is to be submitted to the other side is composed of a moment when it came to the other side so that she could become familiar with its contents.
- In the event of termination by either party, reimbursement by the parties will be settled by the parties in each case individually, taking into account the period of notice and what part of the criteria have been made mutual benefit.
- In the case of termination by the customer, the organizer in settlement of an individual, issue a bill taking into account the costs they incurred in connection with the partial realization of benefit to the customer and paid a deposit and make deductions from the amount paid in the amount of expenses actually incurred.
- Responsibility organizer for services provided determine the prevailing law, including the law of 30 May 2014. On consumer rights.
- The organizer shall be liable to the customer who is a consumer under the terms of Art. 556 and following of the Civil Code for physical or legal defects (warranty), provided that in the case of services appropriate provisions shall apply accordingly.
- Any customer complaint claims should be submitted in writing to the address of the organizer or e-mail organizer.
- The complaint should specify: name and surname of the client, the type of notice (defects), propositions of the complaint, the address to which should be sent a response to the complaint.
- The organizer will consider the complaint immediately, not later than 14 days from the moment of receipt of the complaint application.
IX Provision of services by electronic means
- The organizer provides free electronic services.
- User is obliged to use the website in accordance with the law and morality whereas respect for personal rights and intellectual property rights of third parties.
- User spaces non-delivery of illegal content. It is forbidden to use electronic services as unlawfully interfering with the functioning of the Internet service through the use of specific software or devices, and sending or posting on the website unsolicited commercial information.
- The contract for the provision of services by electronic means between the organizer and the user is concluded in Polish in accordance with applicable Polish law.
- Organizer provides the following electronic services: electronic form to the acquisition of the carnet, an electronic system for reporting absences.
- The User has the right to lodge a complaint in respect of services electronically.
- A complaint may be submitted electronically to the following e-mail: organizer, the title of the message giving the "Complaint". The complaint should contain at least the e-mail client and a description of the reservations.
- Organizer recognizes the complaint within 14 days from the date of its notification.
- The organizer is not responsible for the data transferred, if transmitting data: this is not the initiator of the transmission, do not select the receiver of data, do not delete or modify the data subject to transmission.
- Disclaimer, referred to above, also includes automatic and short-lived intermediate storage of transmitted data when storing it seeks only to carry out transmission.
- Organizer is not responsible for the stored data if providing resources computerized system to store data by the user is not aware of the unlawful nature of the data, or related activities, and in the case of receiving official notification or received a message on the unlawful nature of the data or activity related to them immediately prevent access to the data.
X Final Provisions
- Changing the content of this Regulation may be after informing clients about the range of anticipated changes no later than within 14 days before their entry into force. Changing the content of this Regulation may be due to changes in the law generally applicable and because of a change in policy the company's activities organizer.
- Agreements concluded during the term of the previous version of the Regulations will be implemented in accordance with its provisions.
- Any disputes arising between the organizer and the customer who is a consumer within the meaning of Article 22  Civil Code, shall be settled by a court of competent under the provisions of the Code of Civil Procedure.
- Any disputes arising between the organizer and the customer who is not a consumer within the meaning of Article 22  Civil Code, shall be settled by the general court with jurisdiction over the seat of the organizer.
- These regulations apply from 25 December 2014.