I. Definitions
The following terms used in these Terms and Conditions and the Agreement mean:
1) G24 Group or alternatively the Service Provider - G24 Group Sp. z o.o. with its registered office in Wrocław, entered into the National Court Register - Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under KRS number: 0000222815, NIP: 8961379789, REGON: 933043872, share capital in the amount of 80 000,00 PLN;
2) Partner - a natural person, a legal person or another organizational unit without legal personality, to which the Act grants legal capacity, using the GolfBooking system and which has concluded an Agreement with the Service Provider covering the provision of Golf Services using the GolfBooking system, with appropriate material, organizational and personal facilities enabling the provision of Golf Services;
3) Agreement - agreement for provision of electronic services in the GolfBooking system concluded by the Partner with G24 Group;
4) Form - a document including, among others, Partner's data, the scope of services selected by G24 Group for the Partner within the GolfBooking system, data concerning the duration of the Agreement, commissions, fees, etc., which after being filled in and signed by the Partner and the G24 Group constitutes the Agreement;
5) GolfBooking (or GolfBooking system or System) - a system made available to Users by the Service Provider for use, used, among others, to manage reservations and make reservations of Golf Services and sale of Golf Services offered by Partners through GolfBooking, run via the website www.golf-booking.com. GolfBooking includes any other website, relevant mobile website or application edited, maintained or managed by the G24 Group, including any microsites or subpages offered by such website or application.
6) Terms and Conditions - these Terms and Conditions for the provision of electronic services by the G24 Group, applicable to the relevant scope of Users, available for consultation and download from the website www.golfbooking.pl. The Partner concluding the Agreement and Users using GolfBooking services agree to be bound by the Terms and Conditions;
7) Privacy Policy and Personal Data Protection- terms and conditions covering the provisions of the privacy and personal data protection policy conducted by G24 Group, including the provisions concerning the collection, use, processing and making changes to personal data of Users and Partners collected in the course of providing services by GolfBooking. The Privacy and Personal Data Protection Policy is an integral part of the Agreement and is available for viewing and downloading from the website www.golf-booking.com. Partner and Users using GolfBooking services agree to the Privacy Policy and Personal Data Protection;
8) Reservation - a service facilitating the reservation of places and hours of access for Users in using the Golf Services offered by the Golf Services Partner, aimed at minimizing the risk of cancelling access to these Golf Services. To the extent permitted by applicable law, nothing in these Terms and Conditions imposes on G24 Group any liability to the User for the occurrence of such risk. G24 Group declares that it is not a direct seller of the Golf Services, but only an entity that enables the Brokerage in the sale by Partners and purchase of the Golf Services by Users;
9) User - a person using the GolfBooking system, including a Partner;
10) Reservation Cost (Fee) - expressed in the amount of money and indicated by the Partner and available in the System and accepted by the User fee related to the booking and purchase of the Golf Service;
11) Golf services - services offered by the Partners through the GolfBooking booking system for Users including, among others, playing golf, access to golf courses, participation in trainings, sports activities, industry meetings and golf tournaments as well as the purchase of other goods and services available for purchase through GolfBooking;
12) Services - services provided by G24 Group enabling Partners to offer Golf Services via the GolfBooking system and access, analysis and purchase of Golf Services by Users;
13) Account - a set of information, resources and settings created for the Contractor or User in the GolfBooking system, used by the aforementioned entities in order to gain access to the GolfBooking system;
14) Conditions - provisions resulting from the Regulations, Agreement, Privacy Policy and Personal Data Protection and other documents or legal acts binding on the parties.
II. General provisions
1. These Terms and Conditions set forth the rights and obligations of G24 Group, Contractor and Users with respect to the provision of the Services.
2. Each person using the GolfBooking system is obliged to accept and comply with the provisions of the Terms and Conditions.
3. Within the scope of using the GolfBooking system, it is forbidden to provide any information of an illegal, offensive or violating the personal or property rights of third parties.
III. Technical conditions for using Golfbooking system
1. Using the GolfBooking system is possible provided that the User meets the following technical requirements:
a) have a device enabling access to the Internet, equipped with an efficient operating system;
b) install on the device the current version of the Internet browser providing access to Internet resources and supporting cookies such as: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
c) have an active e-mail account.
2. If the technical parameters described above are not met, the GolfBooking system or its individual components may malfunction.
IV. Creating an account
1. Conclusion of an Agreement for an indefinite period of time via GolfBooking takes place upon completion of the registration process in the form of creating a correctly functioning Account in accordance with the following provisions.
2. The creation of an Account by you constitutes a declaration of intent to enter into an agreement with G24 Group in accordance with these Terms and Conditions.
3. Creation of an Account in the GolfBooking system is a necessary condition for using the services offered by this System, including in particular the management and making Reservations.
4. In order to create an Account, the User is obliged to meet the following conditions:
1) provide:
a) name and surname
b) e-mail address
2) accept the Terms and Conditions by ticking the appropriate box,
3) confirm the registration process by opening the website indicated in the e-mail sent to the e-mail address provided by the User.
5. Allocation of Accounts to Partners is made on the basis of separate arrangements made with G24 Group.
6. By registering an Account, the User declares that the data provided by him or her are complete and consistent with the actual state of affairs, he or she has read the Terms and Conditions and undertakes to observe the Terms and Conditions.
7. The Customer obtains access to the Account using his e-mail address and password. The Customer is obliged not to disclose the password to any third party and is solely responsible for any damage caused as a result of its disclosure.
V. Rights and Obligations of the service provider
1. G24 Group undertakes to provide the Services on a continuous and uninterrupted basis in accordance with the Terms and Conditions.
2. The Service Provider reserves the right to:
1) temporary cessation of Services due to maintenance activities or related to modification of the GolfBooking system;
2) sending messages, including technical, legal and transactional messages related to the functioning of the Services, to the Users' e-mail address,
3) refuse to open an Account or provide Services if the User provides an erroneous, false or temporary e-mail address,
4) modification of the provided Services, tools and manner of operation of the System without prior notification of the intention to do so,
5) discontinue the provision of the Services, delete all User data, transfer rights to the System to another entity and take any other legal actions related to the System which the Service Recipients will not be entitled to any claims against the Service Provider.
6) remove from the System the content made available by Users through the Services, if such content violates the provisions of these Terms of Use,
7) take all other measures to ensure that the Scheme is operated in accordance with law and morality.
3. In the event that the behaviour of Users is contrary to the provisions of the Terms, G24 Group has the right to retain information about this fact and to suspend or close the Service Recipient's Account.
VI. Rights and obligations of the User
1. User have the right to manage the Services through your Account and to edit the data provided by you in connection with the Services provided at any time.
2. The User, by placing the content and data concerning him/her in the Service Provider's System, agrees to make them available in the System for the purposes related to the provision of Services.
3. By using the Services, the User is obliged to refrain from:
1) publication of content that is offensive, illegal or infringes on legally protected rights, including personal and property rights,
2) use the Services to publish advertisements for goods and services and any information of a commercial nature,
3) copy, modify, distribute, transmit or otherwise use any materials and databases made available in the System, except for use within the scope of permitted use,
4) take any actions that could hinder or interfere with the functioning of the System and from using the System in a manner that is burdensome for other Users,
5) use the Services in a manner contrary to the law, the Conditions, good manners, violating the personal rights of other persons or legitimate interests of the Service Provider.
4. A User who is not a Partner at the same time may use the System only for non-profit purposes, which means that it is prohibited to offer or use the Services, including income from using the Services.
VII. Reservation
1. Reservations made by the User through the System are made in accordance with the following provisions.
2. First of all, the Partner introduces to the System the offer of Golf Services by providing details of its Golf Services, including in particular the date and time of provision of the Golf Services, the Cost of Reservation for one place, as well as all other relevant terms and conditions of the Golf Services.
3. The User may make a Reservation from offers of the Golf Service available in the System, which were previously entered into the System by the Partners in accordance with paragraph 2.
4. In order to make a Reservation, the User should follow the instructions displayed by the System with the reservation that the effect of Reservation of Golf Services takes place at the moment the Reservation Cost is credited to the G24 Group bank account.
5. G24 Group reserves the right to cancel the actions preceding the Reservation performed by the User through the System in case of non-payment of the Reservation Cost within 5 minutes from the moment of placing the instruction by the User.
6. The User reserves one or more places for Golf Services through the System exclusively by making an online payment corresponding to the value of the Reservation Cost by means of Internet banking - the settlement of the transaction is made through the PayU system operated by PayU S.A. with its registered office in Poznań, address: Grunwaldzka 182, 60-166 Poznań, registered in the National Court Register kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, hereinafter referred to as PayU
7. The cost of the Reservation will be increased by the handling fee applied by PayU in the amount of 2.2% of the Reservation Cost.
8. Detailed provisions related to payments via the PayU system, including in particular:
1) the conditions under which payments are to be made,
2) a reimbursement policy,
3) payment complaint policy,
4) personal data protection policy related to payment in accordance with the Act of 29 August 1997 on personal data protection (i.e. Journal of Laws of 2015, item 2135, as amended)
5) the methods of payment are available for viewing and downloading directly from the PayU website at https://www.payu.pl/pliki-do-pobrania.
9. After making the payment, the Service Provider sends both the Partner and the User an e-mail confirmation of the Reservation together with the information about the booking of the Cost of the Qualified Travel by the Service Provider (hereinafter referred to as the "Reservation Confirmation")
10. After sending the Confirmation of Reservation, the Reservation is completed, while a separate agreement for the provision of Golf Services is concluded between the Partner and the User. With effect from the moment of the Confirmation of Reservation, the provisions concerning cancellation specified in point VII.2 shall also aply.
VIII. Payment
The User, as the person making the payment, does not incur any additional costs related to the purchase of the Golf Service apart from the Reservation Costs and the fee charged by the PayU transaction system.
IX. Responsibility
1. Partner and User are obliged to compensate the other Party for any damage suffered by them as a result of their failure to perform or improper performance of obligations under the Terms and Conditions, unless their non-performance or improper performance was a consequence of circumstances for which the Party is not responsible.
2. The Service Provider who received an official notification or a reliable message about the unlawful nature of the data provided by the User and prevented access to these data, shall not be liable to the Service Recipient for any damage incurred.
3. The Service Provider is not a party to agreements for the provision of Golf Services concluded by Users with a Partner and is not liable for damages resulting from their non-performance or improper performance. In particular, the Service Provider shall not be liable for damages resulting from:
1) providing untrue or incomplete data by Users when registering an Account,
2) resignation from the Golf Services by the Partner or the User,
3) delay or non-payment of Reservation Costs by the User,
4) fraud, deception or misrepresentation of the Partner by the User or a third party,
5) use of the Services by Users in a manner contrary to the Regulations or the provisions of law,
6) content made available by Users through the Services, which violates the law or legally protected interests of third parties,
7) information and materials downloaded, posted in the System or sent via the Internet by the Users,
8) loss of data by Users due to external factors (e.g. equipment failure) or other circumstances beyond the control of the Service Provider,
9) lack of continuity in the provision of Services, resulting from circumstances for which the Service Provider is not liable (force majeure, acts and omissions of third parties, etc.)
10) non-observance of the Terms by Users,
11) arising as a result of the cases indicated in the Regulations of discontinuation of the provision of Services by the User and removal of the User's Account.
X. Insurance
1. The Service Provider is not liable towards Users and third parties for damages arising in connection with the provision of Golf Services, as well as for any consequences of the Partner's failure to conclude a civil liability insurance agreement, including a defective conclusion of such an agreement or for actions and omissions of the Partner or any other person for which the Partner is responsible.
2. Before using the Golf Services, the Service Provider advises Users to check whether the above obligation has been fulfilled, as well as to consider concluding a personal accident insurance agreement or another insurance agreement in an appropriate insurance agreement, which will provide them with cover for their own or third parties' damages in the event of any losses related to the use of the Golf Services.
XI. Contract Termination
11.1. The contract may be terminated by the Client or the Service Provider.
11.2. The User has the right to terminate the Agreement at any time, without giving any reason, by deleting his Account himself.
11.3. The Service Provider has the right to terminate the Agreement and delete the Account in the following cases:
1) violation by the User of essential provisions of the Regulations,
2) obtaining by the Service Provider reasonable, reliable information that the name of the Account is contrary to the law, good manners, violates anyone's personal rights or legitimate interests of the Service Provider,
3) posting by the User any content that does not comply with the applicable provisions of law,
4) use of the Service by the User contrary to its intended use,
5) removal by the User of the electronic mail account, which was used to set up the Account,
6) receiving by the Service Provider at least two messages about overflowing the User's e-mail inbox, preventing further provision of the Services.
4. The Agreement shall be terminated at the moment of deletion of the Account.
5. The Service Provider shall inform the User about the termination of the agreement (if technically possible) within 48 hours from the date of Account deletion at the latest.
6. The Service Provider reserves the right to refuse to provide Services to the User and remove his Account, if it was created once again after the removal resulting from the violation of the Regulations.
XII. Complaints
1. In case of reservations concerning GolfBooking activities and Services provided by GolfBooking, the User has the right to lodge a complaint.
2. Complaints should be submitted by e-mail to the following address: [email protected] within 14 days from the date of service provision or from the date on which, in accordance with the parties' agreement, the service was to be provided.
3. When lodging a complaint, please provide your name, surname, e-mail address, order number, as well as describe the reason for the complaint.
4. G24 Group undertakes to consider each complaint within 14 (fourteen) days from the date of filing. Within this time limit, a return e-mail will be sent to the User with an answer to the complaint submitted by the User.
5. If, despite making a complaint about G24 Group services, the complaint is not accepted, and the complaint concerns remuneration for G24 Group services or other claims and property rights, the User has the right to use out-of-court means of dealing with the complaint by way of mediation or by means of arbitration courts, by submitting a request to the appropriate form to the competent regionally competent Provincial Inspectorate of Trade Inspection. The consumer may also apply for help to the appropriate municipal or district consumer ombudsman. The indicated methods of dispute resolution may be used voluntarily and free of charge. More information on this subject can be obtained from the indicated institutions and the Office of Competition and Consumer Protection, www.uokik.gov.pl.
6. If the User does not agree with the manner of handling his or her complaint, he or she has the right to bring an action before a common court.
XIII. Consumer rights
1. According to the Consumer Rights Act of 30 May 2014. (i.e. Journal of Laws of 2014, item 827 as amended), the User, being a consumer within the meaning of Article 221 of the Civil Code, may withdraw from the contract without giving any reason within 14 (fourteen) days from the date of conclusion of the contract. In order to exercise the right to withdraw from the contract, it is necessary to inform G24 Group Sp. z o.o.: address: Żmigrodzka Street 244A, 51-131 Wrocław, e-mail: [email protected], of its decision by way of an unequivocal statement, for example by letter or e-mail. You can use the model withdrawal form contained in Annex 2 to the Consumer Rights Act, but it is not obligatory. In order to meet the deadline, it is sufficient to send the declaration before the expiry of the deadline.
2. G24 Group will return all payments made by the consumer to the consumer immediately, not later than 14 days from the date of receipt of the consumer's declaration of withdrawal.
3. G24 Group refunds payments using the same method of payment as the consumer, unless the consumer has expressly agreed to another method of reimbursement that does not involve any costs to the consumer.
4. If the consumer has requested the commencement of the services before the expiry of the withdrawal period, he will pay the G24 Group an amount proportionate to the extent of the services provided until he has informed the G24 Group of his withdrawal.
5. According to Article 38 of the Consumer Rights Act, the right of withdrawal does not apply to contracts for the provision of services if the trader fully performs the service with the express consent of the consumer, who has been informed before the provision of services, that after the performance of the whole service by the trader will lose the right to withdraw from the contract.
XIV. Protection of personal data
1. To the extent that G24 Group collects personal data from users, G24 Group performs the duties of personal data controller and processes data in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2015, item 2135 as amended) and other generally applicable laws.
2. The Service Provider ensures protection of personal data entrusted to the Service Provider. Detailed rules concerning the processing of Users' personal data Privacy and Personal Data Protection Policy.
XV. Final provisions
1. Any disputes arising on the basis of the Services provided shall be settled by a Polish common court with territorial jurisdiction.
2. In matters not regulated by these Regulations, the provisions of the Act on rendering services by electronic means, the Act on personal data protection, the Civil Code and other mandatory provisions of law shall apply.
3. G24 Group reserves the right to make changes to these Terms and Conditions by notifying you of any changes made to the website www.golf-booking.com.
4. This Regulation shall apply from 24.05.2018.
The following terms used in these Terms and Conditions and the Agreement mean:
1) G24 Group or alternatively the Service Provider - G24 Group Sp. z o.o. with its registered office in Wrocław, entered into the National Court Register - Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under KRS number: 0000222815, NIP: 8961379789, REGON: 933043872, share capital in the amount of 80 000,00 PLN;
2) Partner - a natural person, a legal person or another organizational unit without legal personality, to which the Act grants legal capacity, using the GolfBooking system and which has concluded an Agreement with the Service Provider covering the provision of Golf Services using the GolfBooking system, with appropriate material, organizational and personal facilities enabling the provision of Golf Services;
3) Agreement - agreement for provision of electronic services in the GolfBooking system concluded by the Partner with G24 Group;
4) Form - a document including, among others, Partner's data, the scope of services selected by G24 Group for the Partner within the GolfBooking system, data concerning the duration of the Agreement, commissions, fees, etc., which after being filled in and signed by the Partner and the G24 Group constitutes the Agreement;
5) GolfBooking (or GolfBooking system or System) - a system made available to Users by the Service Provider for use, used, among others, to manage reservations and make reservations of Golf Services and sale of Golf Services offered by Partners through GolfBooking, run via the website www.golf-booking.com. GolfBooking includes any other website, relevant mobile website or application edited, maintained or managed by the G24 Group, including any microsites or subpages offered by such website or application.
6) Terms and Conditions - these Terms and Conditions for the provision of electronic services by the G24 Group, applicable to the relevant scope of Users, available for consultation and download from the website www.golfbooking.pl. The Partner concluding the Agreement and Users using GolfBooking services agree to be bound by the Terms and Conditions;
7) Privacy Policy and Personal Data Protection- terms and conditions covering the provisions of the privacy and personal data protection policy conducted by G24 Group, including the provisions concerning the collection, use, processing and making changes to personal data of Users and Partners collected in the course of providing services by GolfBooking. The Privacy and Personal Data Protection Policy is an integral part of the Agreement and is available for viewing and downloading from the website www.golf-booking.com. Partner and Users using GolfBooking services agree to the Privacy Policy and Personal Data Protection;
8) Reservation - a service facilitating the reservation of places and hours of access for Users in using the Golf Services offered by the Golf Services Partner, aimed at minimizing the risk of cancelling access to these Golf Services. To the extent permitted by applicable law, nothing in these Terms and Conditions imposes on G24 Group any liability to the User for the occurrence of such risk. G24 Group declares that it is not a direct seller of the Golf Services, but only an entity that enables the Brokerage in the sale by Partners and purchase of the Golf Services by Users;
9) User - a person using the GolfBooking system, including a Partner;
10) Reservation Cost (Fee) - expressed in the amount of money and indicated by the Partner and available in the System and accepted by the User fee related to the booking and purchase of the Golf Service;
11) Golf services - services offered by the Partners through the GolfBooking booking system for Users including, among others, playing golf, access to golf courses, participation in trainings, sports activities, industry meetings and golf tournaments as well as the purchase of other goods and services available for purchase through GolfBooking;
12) Services - services provided by G24 Group enabling Partners to offer Golf Services via the GolfBooking system and access, analysis and purchase of Golf Services by Users;
13) Account - a set of information, resources and settings created for the Contractor or User in the GolfBooking system, used by the aforementioned entities in order to gain access to the GolfBooking system;
14) Conditions - provisions resulting from the Regulations, Agreement, Privacy Policy and Personal Data Protection and other documents or legal acts binding on the parties.
II. General provisions
1. These Terms and Conditions set forth the rights and obligations of G24 Group, Contractor and Users with respect to the provision of the Services.
2. Each person using the GolfBooking system is obliged to accept and comply with the provisions of the Terms and Conditions.
3. Within the scope of using the GolfBooking system, it is forbidden to provide any information of an illegal, offensive or violating the personal or property rights of third parties.
III. Technical conditions for using Golfbooking system
1. Using the GolfBooking system is possible provided that the User meets the following technical requirements:
a) have a device enabling access to the Internet, equipped with an efficient operating system;
b) install on the device the current version of the Internet browser providing access to Internet resources and supporting cookies such as: Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
c) have an active e-mail account.
2. If the technical parameters described above are not met, the GolfBooking system or its individual components may malfunction.
IV. Creating an account
1. Conclusion of an Agreement for an indefinite period of time via GolfBooking takes place upon completion of the registration process in the form of creating a correctly functioning Account in accordance with the following provisions.
2. The creation of an Account by you constitutes a declaration of intent to enter into an agreement with G24 Group in accordance with these Terms and Conditions.
3. Creation of an Account in the GolfBooking system is a necessary condition for using the services offered by this System, including in particular the management and making Reservations.
4. In order to create an Account, the User is obliged to meet the following conditions:
1) provide:
a) name and surname
b) e-mail address
2) accept the Terms and Conditions by ticking the appropriate box,
3) confirm the registration process by opening the website indicated in the e-mail sent to the e-mail address provided by the User.
5. Allocation of Accounts to Partners is made on the basis of separate arrangements made with G24 Group.
6. By registering an Account, the User declares that the data provided by him or her are complete and consistent with the actual state of affairs, he or she has read the Terms and Conditions and undertakes to observe the Terms and Conditions.
7. The Customer obtains access to the Account using his e-mail address and password. The Customer is obliged not to disclose the password to any third party and is solely responsible for any damage caused as a result of its disclosure.
V. Rights and Obligations of the service provider
1. G24 Group undertakes to provide the Services on a continuous and uninterrupted basis in accordance with the Terms and Conditions.
2. The Service Provider reserves the right to:
1) temporary cessation of Services due to maintenance activities or related to modification of the GolfBooking system;
2) sending messages, including technical, legal and transactional messages related to the functioning of the Services, to the Users' e-mail address,
3) refuse to open an Account or provide Services if the User provides an erroneous, false or temporary e-mail address,
4) modification of the provided Services, tools and manner of operation of the System without prior notification of the intention to do so,
5) discontinue the provision of the Services, delete all User data, transfer rights to the System to another entity and take any other legal actions related to the System which the Service Recipients will not be entitled to any claims against the Service Provider.
6) remove from the System the content made available by Users through the Services, if such content violates the provisions of these Terms of Use,
7) take all other measures to ensure that the Scheme is operated in accordance with law and morality.
3. In the event that the behaviour of Users is contrary to the provisions of the Terms, G24 Group has the right to retain information about this fact and to suspend or close the Service Recipient's Account.
VI. Rights and obligations of the User
1. User have the right to manage the Services through your Account and to edit the data provided by you in connection with the Services provided at any time.
2. The User, by placing the content and data concerning him/her in the Service Provider's System, agrees to make them available in the System for the purposes related to the provision of Services.
3. By using the Services, the User is obliged to refrain from:
1) publication of content that is offensive, illegal or infringes on legally protected rights, including personal and property rights,
2) use the Services to publish advertisements for goods and services and any information of a commercial nature,
3) copy, modify, distribute, transmit or otherwise use any materials and databases made available in the System, except for use within the scope of permitted use,
4) take any actions that could hinder or interfere with the functioning of the System and from using the System in a manner that is burdensome for other Users,
5) use the Services in a manner contrary to the law, the Conditions, good manners, violating the personal rights of other persons or legitimate interests of the Service Provider.
4. A User who is not a Partner at the same time may use the System only for non-profit purposes, which means that it is prohibited to offer or use the Services, including income from using the Services.
VII. Reservation
1. Reservations made by the User through the System are made in accordance with the following provisions.
2. First of all, the Partner introduces to the System the offer of Golf Services by providing details of its Golf Services, including in particular the date and time of provision of the Golf Services, the Cost of Reservation for one place, as well as all other relevant terms and conditions of the Golf Services.
3. The User may make a Reservation from offers of the Golf Service available in the System, which were previously entered into the System by the Partners in accordance with paragraph 2.
4. In order to make a Reservation, the User should follow the instructions displayed by the System with the reservation that the effect of Reservation of Golf Services takes place at the moment the Reservation Cost is credited to the G24 Group bank account.
5. G24 Group reserves the right to cancel the actions preceding the Reservation performed by the User through the System in case of non-payment of the Reservation Cost within 5 minutes from the moment of placing the instruction by the User.
6. The User reserves one or more places for Golf Services through the System exclusively by making an online payment corresponding to the value of the Reservation Cost by means of Internet banking - the settlement of the transaction is made through the PayU system operated by PayU S.A. with its registered office in Poznań, address: Grunwaldzka 182, 60-166 Poznań, registered in the National Court Register kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, hereinafter referred to as PayU
7. The cost of the Reservation will be increased by the handling fee applied by PayU in the amount of 2.2% of the Reservation Cost.
8. Detailed provisions related to payments via the PayU system, including in particular:
1) the conditions under which payments are to be made,
2) a reimbursement policy,
3) payment complaint policy,
4) personal data protection policy related to payment in accordance with the Act of 29 August 1997 on personal data protection (i.e. Journal of Laws of 2015, item 2135, as amended)
5) the methods of payment are available for viewing and downloading directly from the PayU website at https://www.payu.pl/pliki-do-pobrania.
9. After making the payment, the Service Provider sends both the Partner and the User an e-mail confirmation of the Reservation together with the information about the booking of the Cost of the Qualified Travel by the Service Provider (hereinafter referred to as the "Reservation Confirmation")
10. After sending the Confirmation of Reservation, the Reservation is completed, while a separate agreement for the provision of Golf Services is concluded between the Partner and the User. With effect from the moment of the Confirmation of Reservation, the provisions concerning cancellation specified in point VII.2 shall also aply.
VIII. Payment
The User, as the person making the payment, does not incur any additional costs related to the purchase of the Golf Service apart from the Reservation Costs and the fee charged by the PayU transaction system.
IX. Responsibility
1. Partner and User are obliged to compensate the other Party for any damage suffered by them as a result of their failure to perform or improper performance of obligations under the Terms and Conditions, unless their non-performance or improper performance was a consequence of circumstances for which the Party is not responsible.
2. The Service Provider who received an official notification or a reliable message about the unlawful nature of the data provided by the User and prevented access to these data, shall not be liable to the Service Recipient for any damage incurred.
3. The Service Provider is not a party to agreements for the provision of Golf Services concluded by Users with a Partner and is not liable for damages resulting from their non-performance or improper performance. In particular, the Service Provider shall not be liable for damages resulting from:
1) providing untrue or incomplete data by Users when registering an Account,
2) resignation from the Golf Services by the Partner or the User,
3) delay or non-payment of Reservation Costs by the User,
4) fraud, deception or misrepresentation of the Partner by the User or a third party,
5) use of the Services by Users in a manner contrary to the Regulations or the provisions of law,
6) content made available by Users through the Services, which violates the law or legally protected interests of third parties,
7) information and materials downloaded, posted in the System or sent via the Internet by the Users,
8) loss of data by Users due to external factors (e.g. equipment failure) or other circumstances beyond the control of the Service Provider,
9) lack of continuity in the provision of Services, resulting from circumstances for which the Service Provider is not liable (force majeure, acts and omissions of third parties, etc.)
10) non-observance of the Terms by Users,
11) arising as a result of the cases indicated in the Regulations of discontinuation of the provision of Services by the User and removal of the User's Account.
X. Insurance
1. The Service Provider is not liable towards Users and third parties for damages arising in connection with the provision of Golf Services, as well as for any consequences of the Partner's failure to conclude a civil liability insurance agreement, including a defective conclusion of such an agreement or for actions and omissions of the Partner or any other person for which the Partner is responsible.
2. Before using the Golf Services, the Service Provider advises Users to check whether the above obligation has been fulfilled, as well as to consider concluding a personal accident insurance agreement or another insurance agreement in an appropriate insurance agreement, which will provide them with cover for their own or third parties' damages in the event of any losses related to the use of the Golf Services.
XI. Contract Termination
11.1. The contract may be terminated by the Client or the Service Provider.
11.2. The User has the right to terminate the Agreement at any time, without giving any reason, by deleting his Account himself.
11.3. The Service Provider has the right to terminate the Agreement and delete the Account in the following cases:
1) violation by the User of essential provisions of the Regulations,
2) obtaining by the Service Provider reasonable, reliable information that the name of the Account is contrary to the law, good manners, violates anyone's personal rights or legitimate interests of the Service Provider,
3) posting by the User any content that does not comply with the applicable provisions of law,
4) use of the Service by the User contrary to its intended use,
5) removal by the User of the electronic mail account, which was used to set up the Account,
6) receiving by the Service Provider at least two messages about overflowing the User's e-mail inbox, preventing further provision of the Services.
4. The Agreement shall be terminated at the moment of deletion of the Account.
5. The Service Provider shall inform the User about the termination of the agreement (if technically possible) within 48 hours from the date of Account deletion at the latest.
6. The Service Provider reserves the right to refuse to provide Services to the User and remove his Account, if it was created once again after the removal resulting from the violation of the Regulations.
XII. Complaints
1. In case of reservations concerning GolfBooking activities and Services provided by GolfBooking, the User has the right to lodge a complaint.
2. Complaints should be submitted by e-mail to the following address: [email protected] within 14 days from the date of service provision or from the date on which, in accordance with the parties' agreement, the service was to be provided.
3. When lodging a complaint, please provide your name, surname, e-mail address, order number, as well as describe the reason for the complaint.
4. G24 Group undertakes to consider each complaint within 14 (fourteen) days from the date of filing. Within this time limit, a return e-mail will be sent to the User with an answer to the complaint submitted by the User.
5. If, despite making a complaint about G24 Group services, the complaint is not accepted, and the complaint concerns remuneration for G24 Group services or other claims and property rights, the User has the right to use out-of-court means of dealing with the complaint by way of mediation or by means of arbitration courts, by submitting a request to the appropriate form to the competent regionally competent Provincial Inspectorate of Trade Inspection. The consumer may also apply for help to the appropriate municipal or district consumer ombudsman. The indicated methods of dispute resolution may be used voluntarily and free of charge. More information on this subject can be obtained from the indicated institutions and the Office of Competition and Consumer Protection, www.uokik.gov.pl.
6. If the User does not agree with the manner of handling his or her complaint, he or she has the right to bring an action before a common court.
XIII. Consumer rights
1. According to the Consumer Rights Act of 30 May 2014. (i.e. Journal of Laws of 2014, item 827 as amended), the User, being a consumer within the meaning of Article 221 of the Civil Code, may withdraw from the contract without giving any reason within 14 (fourteen) days from the date of conclusion of the contract. In order to exercise the right to withdraw from the contract, it is necessary to inform G24 Group Sp. z o.o.: address: Żmigrodzka Street 244A, 51-131 Wrocław, e-mail: [email protected], of its decision by way of an unequivocal statement, for example by letter or e-mail. You can use the model withdrawal form contained in Annex 2 to the Consumer Rights Act, but it is not obligatory. In order to meet the deadline, it is sufficient to send the declaration before the expiry of the deadline.
2. G24 Group will return all payments made by the consumer to the consumer immediately, not later than 14 days from the date of receipt of the consumer's declaration of withdrawal.
3. G24 Group refunds payments using the same method of payment as the consumer, unless the consumer has expressly agreed to another method of reimbursement that does not involve any costs to the consumer.
4. If the consumer has requested the commencement of the services before the expiry of the withdrawal period, he will pay the G24 Group an amount proportionate to the extent of the services provided until he has informed the G24 Group of his withdrawal.
5. According to Article 38 of the Consumer Rights Act, the right of withdrawal does not apply to contracts for the provision of services if the trader fully performs the service with the express consent of the consumer, who has been informed before the provision of services, that after the performance of the whole service by the trader will lose the right to withdraw from the contract.
XIV. Protection of personal data
1. To the extent that G24 Group collects personal data from users, G24 Group performs the duties of personal data controller and processes data in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2015, item 2135 as amended) and other generally applicable laws.
2. The Service Provider ensures protection of personal data entrusted to the Service Provider. Detailed rules concerning the processing of Users' personal data Privacy and Personal Data Protection Policy.
XV. Final provisions
1. Any disputes arising on the basis of the Services provided shall be settled by a Polish common court with territorial jurisdiction.
2. In matters not regulated by these Regulations, the provisions of the Act on rendering services by electronic means, the Act on personal data protection, the Civil Code and other mandatory provisions of law shall apply.
3. G24 Group reserves the right to make changes to these Terms and Conditions by notifying you of any changes made to the website www.golf-booking.com.
4. This Regulation shall apply from 24.05.2018.