TERMS AND CONDITIONS OF THE WEBSITE naturahealthresort.pl

I. GENERAL PROVISIONS

 
1. The Terms and Conditions define the conditions for providing services via the Website and the rules for using the Website.

 

2. The Website is provided by the Administrator.

 

3. Before using the Website, the User is obliged to read the Terms and Conditions.

 

4. Using the Website is tantamount to the User making a declaration that:

 
• they have read the Terms and Conditions, accept all of its provisions, and commit to complying with them;

 

• they have voluntarily started using the Website and the services provided through it;

 

• they consent to the processing of their personal data by the Administrator for the purpose of the proper performance of the agreement for the provision of electronic services and other services specified in the Terms and Conditions;

 

• they consent to receiving system information, messages from the Administrator, and information about difficulties, changes, or technical breaks in the operation of the Website;

 
5. If the Terms and Conditions are not accepted, the User should refrain from using the Website.

II. DEFINITIONS

For the purposes of the Terms and Conditions, the terms used herein shall mean:

 
1. Administrator – PHU CMRS STEFAN ROZŁUCKI, Michałów, no. 35, 59-140, NIP [Tax ID]: 8951754872, REGON [National Business Registry Number]: 390945356. Correspondence address: Rybnik, ul. ks. Henryka Jośki, no. 20, 44-217.,

 

2. Consumer – a natural person who is a party to the Agreement or applying for its conclusion, for purposes not directly related to their business or professional activity;

 

3. Account – a place on the Website assigned to the User, available after registering and logging in by entering a login and password, through which they use certain services of the Website;

 

4. Terms and Conditions – these Terms and Conditions of the domki-bialezagle.pl website;

 

5. Website – the internet platform bursztynowa-przystan.pl or www.domkidarlowo.pl, consisting of pages, tabs, and other internet tools made available via the Internet, enabling the use of the services referred to in the Terms and Conditions;

 

6. User – a natural person (Consumer), legal entity, or an organizational unit without legal personality, established in accordance with separate regulations, using the Website in any way.

III. INTELLECTUAL PROPERTY

 
1. The Website, along with the works, trademarks, and databases contained therein, is subject to protection provided for in the applicable provisions of law, in particular the Act of February 4, 1994, on Copyright and Related Rights (i.e., Journal of Laws of 2016, item 666, as amended), the Act of June 30, 2000, Industrial Property Law (i.e., Journal of Laws of 2013, item 1410, as amended), the Act of July 27, 2001, on the Protection of Databases (Journal of Laws No. 128, item 1402, as amended), and the Act of April 16, 1993, on Combating Unfair Competition (i.e., Journal of Laws of 2003, No. 153, item 1503, as amended).

 

2. Copyrights to the Website and the works contained therein, within the meaning of the Act of February 4, 1994, on Copyright and Related Rights (i.e., Journal of Laws of 2016, item 666, as amended), rights to trademarks, and databases belong to the Administrator.

 

3. By using the works, trademarks, or databases made available on the Website, the User does not acquire any rights to them, nor is any license granted to them.

 

4. Without the prior consent of the Administrator, the User may use the Website and the works and databases contained therein solely within the framework of fair use provided for in the Act on Copyright and Related Rights and in the Act on the Protection of Databases. In particular, it is unacceptable to:

 
• reproduce, modify, block, publicly perform, and publicly make available on the Internet the Website or its parts or works posted on the Website or their parts, except in cases indicated in the separate regulations applicable in this regard;

 

• download the contents of databases and re-utilize them in whole or in a substantial part, evaluated qualitatively or quantitatively.

IV. SCOPE OF SERVICES PROVIDED VIA THE WEBSITE

 
1. Within the Website, the User may use the following services:

 
• information about services provided by the Administrator, including current price lists and promotions;

 

• creating an Account;

 

• logging into the User Account;

 

• booking tourist services provided by the Administrator.

 
2. The provision of services to the User via the Website takes place on the basis of the Terms and Conditions.

 

3. The agreement for the provision of services via the Website between the Administrator and the User is concluded when the browser used by the User loads the URL address of the Website entered into the browser by the User.

 

4. The agreement for the provision of services via the Website between the Administrator and the User is terminated when the User closes the browser window (tab) in which the Website’s page was displayed.

 

5. The Administrator has the right to post advertising and promotional content regarding services and/or goods offered by the Administrator on the Website. The advertising and promotional content referred to in the first sentence constitutes an integral part of the Website.

V. USER REGISTRATION

 
1. In order to gain access to all services offered to the User via the Website, the User may create an Account on the Website. To do this, they should register following the instructions contained in the registration panel of the Website.

 

2. In order to create an Account, it is necessary to provide the following data:

 
• first and last name;

 

• account password;

 

• e-mail address;

 

• phone number.

 
3. At the stage of filling out the registration form, the User has the opportunity to read the provisions of the Terms and Conditions, which can be saved by the User on a durable medium or printed.

 

4. After creating the Account, the Administrator will send an Account activation link to the e-mail address provided by the User.

 

5. After activating the Account, the User can log into the Account using the login and password provided during the registration process.

 

6. The Account provides the following functionalities: Preview of made reservations; Changing personal data and password.

 

7. The User is solely responsible for protecting the login and password used to access the Account on the Website. The User undertakes not to disclose the password to third parties. The Administrator is not liable for any losses or damages resulting from failure to comply with the above requirements. The User shall inform the Administrator, without undue delay, of any security breach or unauthorized use of the User’s account.

 

8. By registering, the User consents to the processing of their personal data by the Administrator, within the meaning of the Act of August 29, 1997, on Personal Data Protection (i.e., Journal of Laws of 2016, item 922, as amended), in order to carry out the tasks of the Website, i.e., inter alia, enabling the creation of an Account on the Website, placing reservations for tourist services provided by the Administrator, and the implementation and handling of these services.

VI. RIGHTS AND OBLIGATIONS OF THE USER

 
1. The User may have only one Account and may not share the Account with third parties or use Accounts belonging to third parties.

 

2. The User undertakes to refrain from actions that may hinder or disrupt the operation of the Website, and in particular actions involving the destruction, alteration, removal, or obstruction of access to the Accounts of other Users.

 

3. If the Administrator finds a violation of the provisions referred to in sec. 1-2, the Administrator has the right to block the Account or terminate the agreement for the provision of electronic services.

 

4. The User undertakes to use the Website in accordance with applicable law, generally accepted moral, social, customary, and cultural norms, the provisions of the Terms and Conditions, and the principles of social coexistence, including netiquette.

 

5. The User has the right to request the Administrator to delete the Account; for this purpose, they should send an appropriate declaration to the Administrator electronically to the following address: kontakt@nhr.com.pl

 

6. Deleting the Account involves deleting the User’s data from the Website’s database.

 

7. The User may contact the Administrator via:

 
• traditional mail: PHU CMRS STEFAN ROZŁUCKI Rybnik, ul. ks. Henryka Jośki, no. 20, 44-217;

 

• e-mail: kontakt@nhr.com.pl;

 

• phone: 697 77 25 77 – cost of the call according to the rates of the operator providing the connection;

 
7. The method and date of fulfilling the service ordered by the User by the Administrator are provided each time during the procedure of placing an order (reservation) by the User.

VII. LIMITATIONS ON THE USE OF THE WEBSITE

 
1. It is forbidden to use the Website in a manner contrary to or inappropriate for its purpose. It is forbidden to transmit and publish via the Website content prohibited by generally applicable law, including international agreements, EU law, and the law of the Republic of Poland. In particular, it is forbidden to:

 
• use the Website for any unlawful purposes or to promote illegal activities;

 

• post content on or via the Website in violation of generally applicable laws, including intellectual property rights and the right to privacy, personal rights of third parties, etc., and in particular content: a) violating personal and/or property rights or personal rights of third parties, b) generally considered vulgar, offensive, c) depicting or propagating violence, fascism, racism, hatred or any discrimination (e.g., racial, cultural, ethnic, religious, philosophical, physiological, material), d) of an erotic, pornographic, or obscene nature, e) disseminating techniques for breaking data security (mechanical and/or electronic), concerning the creation and spread of viruses and similar software, and content describing, promoting, or providing instructions for illegal or even potentially dangerous activities,

 

• impersonate other Users;

 

• send unsolicited communications, advertisements, or spam via the Website.

 
2. The User is prohibited from activities (behavior) consisting of:

 
• violating generally accepted rules of netiquette;

 

• using programs that generate automatic queries to the Administrator’s servers;

 

• copying part or all of the Website, including the source code, or using it for commercial purposes;

 

• sending spam or unsolicited commercial information, advertising of goods, services, and engaging in commercial, advertising, or promotional activities on the Website;

 

• promoting other websites/services/internet portals.

 
3. The User undertakes to refrain from infringing the copyrights to the Website belonging to the Administrator, as well as the copyrights of third parties. The User bears full responsibility for the violation of the Terms and Conditions, rights, or personal rights of third parties.

 

4. The User bears full responsibility for the violation of the Terms and Conditions, rights, or personal rights of third parties.

VIII. ADMINISTRATOR’S LIABILITY

 
1. The Administrator makes every effort to ensure the proper functioning of the Website in technical terms.

 

2. The Administrator is not liable:

 
• For the User’s inability to use the provided services as a result of the User’s failure to meet technical requirements;

 

• For any damage and loss of the User arising directly or indirectly (including damages for loss of business profits, business interruption, or loss of business information, and other material damages) in connection with the User’s use or inability to use the Website, or the malfunction of the Website;

 

• in connection with the User’s improper use of the Website, in particular in a manner contrary to generally applicable law and the Terms and Conditions, and the malfunction of computer hardware, computer software, or the communication system through which the User connects to the Website;

 

• for the way the User uses the Website;

 

• for information downloaded from the Internet, in particular from the Website, nor for the consequences of their use by the User and their usefulness to the User;

 

• for damages suffered by the User caused by threats present in the public Internet network, in particular hacks into the User’s system, password takeovers by third parties, infection of the User’s system with viruses.

 
3. The Administrator does not guarantee the User continuous (uninterrupted, failure-free) operation of the Website if the interruption in operation resulted from:

 
• reasons not attributable to the Administrator, in particular on the part of the User, third parties, service provider, or the operator responsible for data transmission;

 

• the necessity for the Administrator to carry out necessary maintenance or service work;

 

• force majeure.

 
4. The Website may contain links to third-party websites (e.g., advertisers) that are not owned and not controlled by the Administrator. The Administrator bears no responsibility for any of these websites and the information, materials, products, or services contained therein.

 

5. The Administrator reserves the right to stop providing services by blocking the Account of a User whose actions are considered harmful to the Website, or who violates any of the provisions of the Terms and Conditions. The resumption of service provision by unblocking the User’s account is left to the Administrator’s sole discretion.

 

6. Failure to unblock the User’s Account for a period of three months from the date the Account was blocked will result in the deletion of the User’s Account and the deletion of personal data concerning the User.

IX. FEES FOR USING THE WEBSITE

 
1. The use of the Website by the User, including the creation and use of an Account, is free of charge, with the reservation that access to the Website requires an Internet connection, for which the User may be charged by their Internet service provider with costs resulting from the agreement between them.

 

2. The method and deadline for payment for services provided via the Website are given each time during the procedure of placing an order (reservation) by the User.

X. USER DATA AND ITS PROTECTION. PRIVACY POLICY

 
1. The Administrator attaches particular importance to respecting the privacy of the User using the Website.

 

2. When using certain services provided via the Website, a User who is a natural person may provide their personal data. Providing personal data is voluntary, however, it may be necessary for the proper provision of certain services via the Website.

 

3. Personal data may be verified by the Administrator. For this purpose, the Administrator may require the User to submit declarations other than those provided for in the Terms and Conditions.

 

4. The Administrator provides services using the Website in accordance with the Act of August 29, 1997, on Personal Data Protection (i.e., Journal of Laws of 2016, item 922, as amended) and implementing acts issued on its basis.

 

5. The personal data controller is the Administrator.

 

6. The Administrator processes personal data pursuant to Art. 23 sec. 1 point 1 of the Act on Personal Data Protection.

 

7. The Administrator will process personal data exclusively for the purpose of performing a given service provided via the Website and to the extent necessary for its performance.

 

8. When processing personal data, the Administrator exercises special care to protect the interests of data subjects, and in particular ensures that the data is:

 
• processed in accordance with generally applicable law;

 

• collected for the purposes specified in the Terms and Conditions and not subjected to further processing inconsistent with these purposes;

 

• substantively correct and adequate in relation to the purposes for which it is processed;

 

• stored in a form enabling the identification of the data subjects for no longer than is necessary to achieve the purpose of processing.

 
9. Only persons holding authorization granted by the Administrator are admitted to processing personal data.

 

10. The Administrator secures personal data against access by unauthorized persons, removal by an unauthorized person, processing in violation of the Act on Personal Data Protection, and alteration, loss, damage, or destruction, in the manner specified in the provisions of Art. 36-39a of the Act on Personal Data Protection and exercises due diligence in processing personal data by applying technical and organizational measures referred to in the Regulation of the Minister of Internal Affairs and Administration of April 29, 2004, on personal data processing documentation and technical and organizational conditions to which IT devices and systems used for processing personal data should conform (Journal of Laws No. 100, item 1024).

 

11. The IT system used by the Administrator in the personal data processing process meets the requirements specified in the regulation referred to in section 10.

 

12. Personal data is processed at the company’s registered office located in Michałów, no. 35, 59-140.

 

13. The scope of personal data processed by the Administrator in connection with the provision of services covered by the Terms and Conditions includes:

 
• first and last name;

 

• phone number;

 

• e-mail address.

 
14. The Administrator may entrust the processing of personal data to a third party.

 

15. The Administrator will not share collected personal data with third parties unless it occurs as a result of explicit consent.

 

16. The Administrator ensures the implementation of rights resulting from the Act of August 29, 1997, on Personal Data Protection (i.e., Journal of Laws of 2016, item 922, as amended), and in particular allows:

 
• access to one’s own personal data and its correction;

 

• submitting, in cases mentioned in the Act, a written, reasoned request to cease processing one’s own personal data.

 
17. In order to exercise the rights referred to in section 16, please contact the Administrator in writing at the address PHU CMRS STEFAN ROZŁUCKI Rybnik, ul. ks. Henryka Jośki, no. 20, 44-217, with the note “Personal data” or send a message electronically to the address: kontakt@nhr.com.pl.

 

18. Detailed information on the privacy protection policy applied by the Administrator is contained in the Privacy Policy document, made available by the Administrator at naturahealthresort.pl.

XI. COMPLAINTS

 
1. The Website User has the right to file a complaint in matters related to the technical functioning of the Website.

 

2. Complaints can be submitted in writing to the following address:

 

3. PHU CMRS STEFAN ROZŁUCKI Rybnik, ul. ks. Henryka Jośki, no. 20, 44-217, with the note “Personal data” or send a message electronically to the address: kontakt@nhr.com.pl.

 

4. The Administrator shall process the complaint within 14 days of its receipt, subject to sec. 4. A

 

5. The Administrator reserves the right to extend the deadline given in sec. 3 by no more than 10 days if the examination of the complaint requires unusual, special actions and findings or encounters obstacles beyond the control and fault of the Administrator (additional explanations, equipment failure, force majeure, etc.). The Administrator further reserves that a thorough examination of the complaint may require obtaining additional explanations from the User.

XII. WITHDRAWAL FROM THE AGREEMENT BY THE CONSUMER

Due to the nature of the services provided by the Administrator (accommodation services other than for residential purposes, services related to leisure) within the Website, pursuant to Art. 38 point 12 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws, item 827, as amended), the Consumer does not have the right to withdraw from a distance or off-premises agreement.

XIII. ACCESS TO THE WEBSITE AND TECHNICAL REQUIREMENTS

 
1. The Administrator provides services through the Website via the Internet. The User can use individual functionalities of the Website using any computer or mobile device (tablet, smartphone, etc.) connected to the Internet in any way.

 

2. For the proper operation of the Website, it is required to have computer hardware with up-to-date software that provides access to the Internet and an updated web browser that ensures the proper display of websites.

 

3. In the event that the User encounters technical problems with access to the Website or its individual functionalities, they may send a notification to the Administrator at the address: biuro@impea.pl.

XIV. FINAL PROVISIONS

 
1. The primary threat to every Internet user, including those using services provided electronically, is the possibility of infecting the electronic device (IT system) with various types of software created mainly to cause damage (viruses, worms, or Trojan horses). To avoid the risks associated with this, it is important that the User equips their computer (device) used to connect to the Internet with an antivirus program and constantly updates it by installing its latest versions immediately after they appear on the market. The Administrator also informs that specific risks associated with using the service provided electronically, including the one described in the Terms and Conditions, are related to the activities of hackers aiming to break into both the Administrator’s system (e.g., attacks on its sites) and the User’s. Therefore, the User acknowledges that despite the Administrator’s use of various modern technologies, there is no perfect security protecting against the undesirable actions described above.

 

2. The current content of the Terms and Conditions is available on the Website and at the Administrator’s registered office.

 

3. The Administrator reserves the right to change the Terms and Conditions. A change in the Terms and Conditions may occur in particular in the event of technological or organizational changes in the operation of the Website.

 

4. The Administrator notifies the User about changes to the Terms and Conditions by making the content of the new, consolidated Terms and Conditions available on the Website.

 

5. A change to the Terms and Conditions comes into force on the date of publication of the new Terms and Conditions on the Website.

 

6. The User’s use of the Website after introducing changes to the Terms and Conditions means their acceptance. If the changes to the Terms and Conditions are not accepted, the User should refrain from using the Website.

 

7. The Administrator has the right to stop providing services via the Website.

 

8. In matters not covered by the provisions of the Terms and Conditions, the applicable provisions of Polish law shall apply, and any disputes will be resolved by the competent Polish common courts.