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Terms of Use

§1 General Provisions

1. These Terms and Conditions (hereinafter referred to as: "Terms and Conditions") define the rules of using the website www.adventure.proudcube.com (hereinafter referred to as: "Website") by Clients, containing in particular information and materials regarding the tourist services offered, as well as rules for the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services, including in particular intermediation in concluding contracts for participation in a tourist event or other services offered by Tourism Organizers, providers of tourist services, insurance services, parking services , sale of tickets and accommodation, as well as other services offered by third parties.

2. The owner of the website available at www.adventure.proudcube.com and the entity providing electronic services via the Website is Proudcube sp. z o.o. with headquarters in Katowice at ul. Piotrowicka 17 (postal code: 40-722), entered into the register of entrepreneurs kept by the District Court in Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under the number 868680, NIP: 6342983569, REGON: 387464225, share capital PLN 5,000.00.

3. The Terms and Conditions also define the conditions for concluding and terminating contracts via the Website, forms and methods of payment as well as the complaint procedure.

4. Oral or written information, including commercial information, prices, materials, including brochures, folders and catalogues presented on the Website and sent to the e-mail address provided by the Customer, constitute only an invitation to conclude a contract for the provision of these services within the meaning of Article 71 of the Civil Code and do not constitute an offer within the meaning of Article 66 and other of the Civil Code (hereinafter referred to as the "Offer").

5. Acceptance of the Terms and Conditions is voluntary, but necessary in order to use the services indicated on the Website. By using the services indicated by the Website, the Customer declares that he has read the content of the Terms and Conditions and accepts its provisions in full.

§2 Definitions

Tourism organizer - a tourist entrepreneur who creates, offers for sale and implements tourist events, directly or through another tourist entrepreneur or together with another tourist entrepreneur, or a tourist entrepreneur who transfers the traveller’s data to another tourist entrepreneur in accordance with Article 5 Item 1 Point 2 Letter e of the Act of 24 November 2017 on tourist events and related tourist services (Journal of Laws 2019.548, i.e.), with which Proudcube cooperates as a travel agent.

Service Provider - an entity other than the Tourism Organizer, providing services and products not subject to the provisions of the Act of 24 November 2017 on tourist events and related tourist services (Journal of Laws 2019.548, i.e.), whose Offers and services are available on the Website.

Tourist agent - an entrepreneur whose activity pursuant to Article 758 and following of the Act of April 23, 1964, the Civil Code consists in permanent intermediation in concluding contracts for participation in a tourist event created by Tourism Organizers or in concluding contracts for tourist services for the benefit of Tourism Organizers or mediating in concluding contracts for service providers tourist.

Proudcube - Proudcube sp. z o.o. with headquarters in Katowice at ul. Piotrowicka 17 (postal code: 40-722), entered into the register of entrepreneurs kept by the District Court in Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under number 868680, NIP: 6342983569, REGON: 387464225, share capital PLN 5,000.00, acts on the basis of agency contracts concluded with Tourism Organizers or travel service providers as a Tourist Agent, constantly mediating in concluding contracts for participation in a tourist event for the benefit of Tourism Organizers or as a tourist agent, constantly mediating in concluding contracts for tourist services for the benefit of Tourism Organizers or providers of travel services or as a travel agent, constantly intermediating in concluding contracts for other services provided by the Website.

Website - the website at www.adventure.proudcube.com, owned by Proudcube.

Customer - a natural person, legal person or any organizational unit without legal personality who uses the service provided electronically by the Website, as well as contacting Proudcube in a different way, regardless of whether it acts on its own behalf or on behalf of and for third parties and intends to conclude or has entered into a contract for participation in a tourist event or contract for a tourist service or other contract with the Service Provider for himself or for the benefit of another person, and the conclusion of this contract does not constitute the subject of its business activity, as well as the person for whom the contract has been concluded, as well as the person to whom the right to use the services covered by the previously concluded contract has been transferred.

Offer - oral or written information, including commercial information, prices, materials, including brochures, folders and catalogues presented on the Website and sent to the e-mail address provided by the Customer, constituting only an invitation to conclude a contract for the provision of these services within the meaning of Article 71 of the Civil Code and do not constitute an offer within the meaning of Article 66 and other of the Civil Code.

Tourist Service - a) transport of passengers, b) accommodation for purposes other than residence, which is not an integral part of passenger transport, c) rental of motor vehicles or other motor vehicles, or d) other service provided to travellers, which is not an integral part of the services indicated in a-c.

Tourist Event - a combination of at least two different types of Tourist Services for the same trip or vacation, meeting the conditions referred to in Article 5 Item 1 of the Act of 24 November 2017 on tourist events and related tourist services (Journal of Laws, Item 2361).

Agreement - an agreement for participation in a Tourist Event concluded between the Client and the Tourist Organizer via Proudcube and / or a Tourist Service agreement concluded between the Client and the Tourist Organizer or the Tourist Services provider and / or an agreement for the provision of another service offered by the Website concluded with the Service Provider.

Conditions of participation - a document drawn up by the Tourism Organizer or the Tourist Service provider specifying the rights and obligations of the Client and the Tourist Organizer or the Tourist Service provider in connection with the provision of Tourist Services by the Organizer or the Tourist Service provider.

Service - services provided electronically or by means of other forms of communication by Proudcube for customers based on the Terms and Conditions, under which the Customer's personal data may be processed.

Associated travel services - a combination of at least two different types of Travel Services purchased for the same trip or holiday, not constituting a Travel Package, covered by separate agreements with suppliers of individual Travel Services, if Proudcube has facilitated travellers to purchase Travel Services in the manner referred to in Article 6 Item 1 of the Act on package travel and linked travel arrangements.

§3 Scope of Services

1. Proudcube provides consulting, brokerage, information, offers, booking services and contacts Tourism Organizers or Travel Service providers regarding the offers of Tourist Events and Tourist Services, as well as other entities that offer other services via the Website.

2. Proudcube is not a Tourism Organizer. Proudcube acts as a Tourist Agent and only acts as an intermediary in concluding contracts on behalf of and for the benefit of Tourism Organizers or Tourist Service providers, as well as for other entities whose services are offered by the Website.

3. By using the services provided by Proudcube through the Website, including in particular by booking a Tourist Event or Tourist Service, as well as another service indicated on the Website, the Customer agrees to Proudcube sending them documents in electronic form to the e-mail address provided by the Customer, and undertakes to read their content.

4. By using the services provided by Proudcube through the Website and at the Proudcube headquarters, the Customer accepts the conditions set out in these Terms and Conditions and is responsible for the actions taken resulting from the use of these Services.

§4 Reservation of Services

1. When selecting the Offers, Tourist Services or other Services offered by Proudcube, the Customer sends an inquiry via the contact form on the Website, which is forwarded to the Tour Operator, Tourist Services provider or other entity that provides Services via the Website. After verifying the availability of a given Service, the Customer receives feedback and documents regarding the conclusion, terms and content of the Agreement.

2. The Customer, in the process of making a reservation on the Website or on the basis of an oral instruction to a Proudcube representative during a direct conversation or telephone conversation, agrees to be contacted by Proudcube related to activities aimed at concluding the Agreement, primarily to sending in electronic form to the e-mail address indicated by the Customer of the documents constituting the individual Agreement specifying the selected Offer or Service. In such a case, Proudcube is entitled to contact in order to provide information relevant to the conclusion or performance of the Agreement, including related messages, decisions or information, as well as actions supporting the correct implementation of the Agreement, or assistance and intermediation in actions aimed at removing possible incompatibilities. The Customer's refusal to give consent will prevent the conclusion of the Agreement in the manner specified in the Terms and Conditions.

3. The customer, after obtaining the documents referred to in sec. 2 above, is obliged to read their content, in particular to verify the correctness of their personal data and other participants’ data indicated, as well as to check whether the described Service is consistent with the instruction provided. In the event of discovering inaccuracies, errors or omissions, the Customer should immediately - if possible - before paying for the Service, contact Proudcube and report the irregularities.

4. The Client concludes the Agreement on the terms and conditions specified in the documents sent to them. In case of any doubt, the Agreement is concluded when the Customer makes the payment.

5. For the safety of the customer, each order placed by them is additionally verified by Proudcube (e.g., terms of the correctness of the calculated price for a given Service and its components, the date, availability of the Service, the scope of services covered by the price, as well as the conditions of participation in a given Tourist Event and / or Tourist Service, and / or other Service offered by the Website).

6. If the verification is positive, the complete set of documents is delivered to the Customer to the e-mail address provided by the Customer.

7. In the event of discrepancies regarding the ordered Service, in particular its price, date, availability or services covered by the price, the Customer will be informed about this fact by phone via Proudcube or to the e-mail address provided by the Customer.

8. Under the Agreement, the Customer is obliged to make the payment in the manner specified in the Agreement.

9. By concluding an Agreement that includes third parties as participants (especially as travellers), the Customer undertakes to provide these persons with all information obtained and related to the Agreement, or to indicate to them the method of obtaining relevant information from the Tourism Organizer, the provider of Tourist Services, Service Providers or Proudcube, including the data necessary for verification during contact.

10. The use of the services provided by Proudcube by the Client is possible only on their own behalf. If the Client does so on behalf of or for the benefit of a third party, it means that they have a legally valid power of attorney to act on behalf of that person. The Client bears full responsibility for acting on behalf of or for the benefit of third parties without a valid power of attorney or exceeding its limits. In addition, the use of the Services provided by Proudcube by the Customer using a false surname or first name, as well as using someone else's surname or first name, without a valid power of attorney or with exceeding its limits, is unacceptable and exposes the Customer to civil and criminal liability.

11. The Customer is responsible for the compliance of the provided personal data of persons covered by the booking of a Tourist Event or Tourist Service, as well as other Services offered by the Website, with the data of these persons in the passport or ID card - in the case of travel within the European Union.

12. Before the conclusion of the Agreement, the Client and participants are required to read the information on passport, visa, customs and sanitary Terms and Conditions of the destination country. The Customer and persons covered by the reservation, at the time of the commencement of the Tourist Event or Tourist Service, as well as other Services offered by the Website, are required to have valid and currently applicable documents authorizing them to cross the borders of the countries covered by the Tourist Event or Tourist Service program (for example: passport, ID card, visa etc.), as well as have valid and currently binding documents authorizing the use of other Services offered by the Website. Proudcube shall not be liable for failure to meet the requirements referred to in the first sentence above.

13. The Client is obliged to read the information published on the website of the Ministry of Foreign Affairs of the Ministry of Foreign Affairs at https://www.gov.pl/web/dy Diplomacy before concluding the Agreement. In addition, before the start of the Tourist Event / Tourist Service, as well as any other Service offered by the Website, the Customer and participants are required to read the information about the country in terms of security, threats, conflicts and other emergency situations, which are available on the above-mentioned official website. the Ministry of Foreign Affairs.

14. By using the services provided by Proudcube, in particular before concluding the contract for participation in the Tourist Event, the Customer confirms that he has read the standard information form and information on:

a) the main characteristics of the Tourist Services,

b) the amounts or percentage of the prepayment in the price of the Tourist Event and the date of its payment and the date of payment of the entire price, as well as the method of payment and indication, if the payment is accepted on a tourist escrow account,

c) the prices of the Tourist Event, including taxes and any other fees and costs, or information about the type of additional costs that the Customer may be charged with,

d) the minimum number of people required for the Tourist Event to take place,

e) the date of notifying the Customer in writing about a possible cancellation of the Tourist Event due to an insufficient number of applications, if its implementation depends on the number of applications,

f) the Customer's right to terminate the contract for participation in the Tourist Event at any time before the start of the Tourist Event for an appropriate fee and its amount,

g) general information on an applicable passport, visa and sanitary Terms and Conditions as well as health requirements for participation in the Tourist Event,

h) the trade name and address of the Tourism Organizer and Proudcube's data as a Tourist Agent, as well as their telephone numbers or e-mail addresses

i) information on compulsory insurance or voluntary insurance to cover the costs of termination of the travel contract by the traveller or the costs of providing assistance, including the costs of returning to the country in the event of an accident, illness or death.

§5 Conditions for changing or cancelling the reservation by the Customer

1. Modifications to the booking or cancellation of the booking of a Tourist Event and / or Tourist Service by the Customer is possible in accordance with the Conditions of Participation specified by the Tour Operator or the Tourist Service provider.

2. When changing the booking, the Customer should take into account the possibility of costs related to the change of booking in accordance with the Terms and Conditions of Participation of the Tour Operator or the Tourist Service Provider.

3. In the event of cancellation by the Customer, the amount paid as the price for the Tourist Event and the Customer's reimbursement of the Organizer's resignation costs shall be reimbursed on the terms described in the Terms of Participation of the Tourism Organizer and the Agreement concluded accordingly.

4. Modifications to the booking or cancellation of the booking by the Customer regarding other services provided via the Website by the Service Provider are possible on the basis of the terms of a specific contract concluded with this entity.

§6 Conditions for changing or cancelling a reservation by the Tourism Organizer / Tourist Services provider / Service Provider

1. The rules for changing or cancelling a reservation after the conclusion of a contract for participation in a Tourist Event and / or a Tourist Service by the Tourist Organizer or the Tourist Service provider are included in the General Terms and Conditions of Participation of the Tourism Organizer or Tourist Service provider.

2. Proudcube has no influence on changes to the booking after the conclusion of the contract for participation in a Tourist Event and / or Tourist Service or the cancellation of such a booking by the Tourist Organizer or the Tourist Service provider and is not responsible for them.

3. After the conclusion of the contract for participation in the Tourist Event and / or the Tourist Service and the cancellation of such a reservation, Proudcube will always inform the Customer about any changes to the reservation on the basis of a message received from the Tour Operator or the Tourist Service Provider via e-mail or telephone number when making reservation.

4. Making changes to the booking or cancelling the booking regarding other services provided through the Website by Service Providers are possible on the basis of the terms of a specific contract concluded with this entity.

§7 Customer Service after the conclusion of the Agreement

After concluding the Agreement, the Customer may contact Proudcube and obtain information on the status of their reservation, additional information about the Agreement concluded via Proudcube, as well as obtain answers to other questions regarding the subject of the Agreement. The Customer may also address directly to Proudcube requests or complaints related to the implementation of the Tourist Event and / or the Tourist Service and other Services. Proudcube shall promptly forward messages, requests or complaints from the Client to the Tour Operator or the Tourist Service provider. A message, request or complaint submitted to the travel agent on a given day shall be deemed to have been brought on that date to the Tourism Organizer or the Tourist Service provider.

§8 Complaints

1. Proudcube makes every effort to ensure that the Services provided are of the highest quality. In the event of dissatisfaction with the quality of the service provided by Proudcube, the Customer has the right to file a complaint.

2. The Customer may file a complaint, which should be understood as filing a claim, no later than 3 years from the end of the Tourist Event or completion of another Service provided. Upon expiry of this period, claims shall become time-barred, unless the law provides otherwise.

3. Complaints related to the quality of Proudcube service should be submitted in writing and sent by courier or postal mail to the following address: Proudcube sp. Z o.o., ul. Piotrowicka 17, 40-722 Katowice or send a complaint to the internet address [reklamacje@proudcube.com]. Proudcube will consider the complaint within 30 days from the date of its receipt.

4. If the Customer is not satisfied with the performance of the Agreement by the Tourism Organizer or the Tourist Services provider or another Service Provider, he has the right to file a complaint in the scope related to the non-performance or improper performance of the Agreement by the Tourism Organizer, the Tourist Service provider or another Service Provider, under the conditions set out in the Terms and Conditions of Participation of the Tour Operator or the Tourist Service Provider or under the conditions set out in the Agreement with the Service Provider.

5. Subject to the provisions of §7 of the Terms and Conditions, complaints should be submitted to the address of the Tourism Organizer or the Tourist Services provider in the form and on the terms described in the Terms and Conditions of Participation of the Tourism Organizer or Tourist Services provider or on the terms specified in the Agreement with the Service Provider. Complaints are examined by the Tour Operator, the Tourist Services provider or the Service Provider, respectively.

6. The Customer will be notified of the decision on the complaint in writing to the address provided by registered mail or courier.

7. Submitting a complaint in the manner described above does not deprive the consumer of the right to use out-of-court dispute resolution, including electronic means, via the European Union ODR internet platform available at: http://ec.europa.eu/consumers/odr/

8. Complaints concerning flights to / from the destination specified in the contract for participation in the Tourist Event, delays and luggage damaged or damaged during the flight are subject to the terms of the Warsaw Convention of 1929, as amended and annexes, Regulation of the European Parliament and of the Council No. 261/2004 of February 11, 2004 (on the rules of compensation and assistance to passengers in the event of denied boarding or cancellation or long delay of flights). The customer has the right to submit a complaint to the representative of the relevant airline, and if the complaint procedure is completed - to the Civil Aviation Authority.

§9 Personal data protection

The rules on the protection of personal data can be found in the Privacy Policy available at: https://adventure.proudcube.com/en/privacy-policy/.

§10 Responsibility

1. Proudcube makes every effort to ensure that the use of the Website meets the expectations of customers.

2. Proudcube shall not be liable for damages resulting from the use of the Website by Customers in a manner inconsistent with the law or the Terms and Conditions.

3. Proudcube shall exercise the utmost care as to the truthfulness and completeness of the posted content provided by Tourist Operators and other partners, while some materials (e.g., photos) may be illustrative and actually differ from the presented ones, for which Proudcube is not responsible. The Customer has the right to verify the content of the presented Offers by means of an electronic inquiry or via another communication channel.

4. Proudcube shall not be liable for damages resulting from the situation or circumstances related to the Customer, and preventing the Service from being performed, as well as the conclusion of the Agreement, the use of the Event or the Tourist Service of the Tourist Operator or the Tourist Service provider, in which the purchase was mediated, such as the lack of a passport or another document authorizing the crossing of the border, failure to read the information provided, failure to respond to contact attempts by Proudcube.

5. Proudcube shall not be liable for the manner and scope in which a given Service has been provided by the Tourism Organizer, the Tourist Services provider or the Service Provider. Any reservations and comments in this regard should be addressed directly to the Tourism Organizer, the Tourist Services provider or the Service Provider.

6. Proudcube is not responsible for the Customer's use of third-party data without its consent or knowledge.

7. Proudcube shall not be liable for changes to the booking or for cancellation of the Service by the Tourism Organizer, Tourist Service provider or Service Provider.

8. Proudcube shall not be liable for damages caused to persons using the Services provided by Proudcube, resulting from the fact of not traveling / not performing the Service in the event of force majeure within the meaning of the Civil Code, as well as for reasons beyond the control of Proudcube, in particular cancellation of the trip. by the Tourism Organizer or the provider of Tourist Services, strike of airline employees, airport employees, pandemic or natural disaster.

9. Proudcube shall be liable for damages towards the Customer for its booking errors, unless the Customer is responsible for the error or the error was caused by unavoidable and extraordinary circumstances.

§11 Final Provisions

1. In matters not covered by these Terms and Conditions, the provisions of the Act of 23 April 1964 of the Civil Code (Journal of Laws 1964 Number 16 Item 93, as amended) and the Act of 24 November 2017 on events shall apply accordingly, tourism and linked travel arrangements (Journal of Laws 2019 Item 548). Any disputes will be resolved by the parties by negotiation, and in the event of failure to reach an agreement by a common court, with material and local jurisdiction in accordance with the relevant provisions of law.

2. Proudcube reserves the right to amend the Terms and Conditions. The amendment to the Terms and Conditions becomes effective on the date indicated by Proudcube, but not less than 14 days from the moment the amended Terms and Conditions are made available on the Website. Inquiries submitted by customers, as well as concluded mutual obligations concluded before the entry into force of amendments to the Terms and Conditions will be implemented in accordance with the existing provisions of the Terms and Conditions. The use of the Website by customers after the introduction of these changes is tantamount to expressing their acceptance for them.

3. By using the services provided by Proudcube, the Customer also declares that all provisions of these Terms and Conditions are clear and understandable to him, and he accepts them without reservations.

4. All information, data and materials made available on the Website (including names, logos and price lists, as well as the colours and layout of the website) and all other intellectual property rights related to the content of the website are protected by copyright in accordance with generally applicable Terms and Conditions. The customer has the right to use them only within the permitted personal use. Any processing, in particular copying, modifying, distributing, reproducing, disseminating and other forms of using the materials and content posted on the Website, exceeding the limits allowed by the Terms and Conditions, is possible only on the basis of express consent, in the form of a separate agreement concluded with Proudcube in writing otherwise shall be null and void.

5. These Terms and Conditions are valid from 01.01.2021