§ 1. General Provisions
These Terms of Service (hereinafter referred to as the “Terms”) set forth the rules and conditions for using the atcracow.com website, operating under the web address www.atcracow.com (hereinafter referred to as the “Service”), as well as the terms and conditions for participating in Tours organized by the Service Provider.
The Terms are a document as referred to in Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (hereinafter referred to as the “Act on Electronic Services”).
Information about the services available on the Service, including their descriptions, parameters, and prices, constitutes an invitation to make an offer as defined in Article 71 of the Civil Code Act of 23 April 1964 (hereinafter referred to as the “Civil Code”).
Before using the Service, the User is required to read the Terms and the Privacy Policy.

§ 2. Definitions

• Business Day – any day that is not a Saturday, Sunday, or other public holiday under the Act of 18 January 1951 on Public Holidays;
• Civil Code – as defined in § 1(3) of the Terms;
• Consumer – an individual entering into a legal transaction with the Service Provider not directly related to their business or professional activity;
• Buyer – an individual who is either a Consumer, an Entrepreneur, or an Entrepreneur with Consumer Rights, who has entered into an Agreement for Participation in a Tour with the Service Provider or Partner, or has taken actions to enter such an agreement;
• Newsletter – digital content as defined under the Act on Consumer Rights, including commercial information about the Service Provider’s business, including information about Tours;
• Partner – an Entrepreneur collaborating with the Service Provider, offering its services through the Service;
• Privacy Policy – a document containing information on the processing of personal data by the Service Provider;
• Entrepreneur – an individual, legal person, or organizational unit without legal personality, granted legal capacity under specific provisions, conducting business or professional activity in its own name;
• Entrepreneur with Consumer Rights – an individual conducting business or professional activity in their own name, who has entered into an agreement directly related to their business activity but without a professional character, particularly based on their business activity’s subject matter;
• Terms – as defined in § 1(1) of the Terms;
• Service – as defined in § 1(1) of the Terms;
• Subscriber – an individual who has entered into an Agreement for the delivery of the Newsletter or has taken actions to enter such an agreement;
• Participant – an individual entitled to participate in a Tour based on an owned Voucher. A Participant may be the Buyer or a third party for whom the Buyer has entered into an Agreement for Participation in a Tour;
• Agreement for the Delivery of the Newsletter – an agreement for the provision of digital content under the Act on Consumer Rights, whereby the Service Provider agrees to provide the Subscriber with the Newsletter free of charge indefinitely, and the Subscriber agrees to provide the Service Provider with personal data;
• Agreement for Participation in a Tour – an agreement between the Service Provider and the Buyer or between the Partner and the Buyer, enabling the Participant to take part in a Tour;
• User – Buyer, Participant, or Subscriber;
• Service Provider – as defined in § 12(1) of the Terms;
• Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights;
• Act on Electronic Services – as defined in § 1(2) of the Terms;
• Voucher – an electronic document (proof of purchase) confirming the conclusion of an Agreement for Participation in a Tour and entitling the Participant to participate in the Tour. The Voucher includes the date, time, and meeting point, the number of Participants in the Tour, and its cost. The Voucher may be issued as personal or bearer;
• Tour – a service related to leisure provided by the Service Provider or Partner, lasting no more than 24 (twenty-four) hours, involving guiding the Participant through one or more Exhibitions indicated in the Agreement for Participation in a Tour by a guide. There are regular Tours (conducted in groups with multiple Participants) and private Tours (conducted individually by the Participant and other specified Participants).

§ 3. Technical Requirements
For proper use of the Service, Users must have:

• Internet access;
• Devices that enable Internet access;
• A web browser capable of displaying hypertext documents linked in the Internet’s WWW service, supporting JavaScript, and accepting cookies;
• An active email account.
  Users are prohibited from using viruses, bots, worms, or other computer codes, files, or programs (including automated scripts or applications or other codes, files, or tools) within the Service.
  The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content through appropriate logical, organizational, and technical measures, especially to prevent third-party access to data, including SSL encryption, password protection, antivirus, and anti-malware software.
  Despite these security measures, the Service Provider informs Users that Internet usage and electronic services may be vulnerable to harmful software entering the User’s IT system or third parties accessing data on the User’s device. The Service Provider recommends using antivirus software and measures to protect online identity.

§ 4. General Terms of Service Provision
The User is obligated to use the services provided by the Service Provider in compliance with applicable laws, the provisions of these Terms, and good practices.
Users utilizing the Service agree to:

• Provide only accurate information (including personal data);
• Refrain from actions that may disrupt the use of the Service by other Users or lead to its complete suspension;
• Not provide any unlawful content.

Participants in a Tour agree to:

• Treat other Tour Participants kindly and respectfully;
• Observe principles of personal conduct;
• Comply with order and safety regulations at the location where the Tour is conducted;
• Refrain from actions that may disrupt the planned course of the Tour;
• Not participate in the Tour under the influence of alcohol or intoxicants and refrain from using these substances during the Tour.

The use of bots or other automated tools enabling the purchase of Vouchers without the Buyer’s participation is prohibited. If there is a justified suspicion that a Voucher was purchased using the aforementioned tools, the Service Provider may take steps to investigate (in particular, attempt to contact the person identified as the Voucher Buyer) and, if confirmed, cancel the Voucher.

§ 5. Agreement for Participation in a Tour
To enter into an Agreement for Participation in a Tour, the Buyer should:

1. Access the Service’s website;
2. In the “Tours” section, select the desired Tour;
3. Add the Voucher entitling participation in the selected Tour to the cart;
4. Proceed to checkout;
5. Select one of the available dates (date and time) for the Tour;
6. Enter the following data in the form that appears:
   • First and last name (for each participant);
   • Email address;
   • Phone number;
   • Optionally – company name, VAT ID, and business address;
7. Check the checkbox indicating acknowledgment of the Terms and Privacy Policy and acceptance of their provisions;
8. Confirm form submission and make payment for the Voucher.

The Buyer may pay for the Voucher using one of the payment methods available through the Stripe payment system.
The Voucher price also includes admission fees to the Exhibition(s) specified in the Voucher.
Confirmation of form submission constitutes an offer by the Buyer to the Service Provider to enter into an Agreement for Participation in a Tour.
Upon confirmation of form submission, the Buyer will receive a confirmation sent to the email address provided.
Immediately after the payment for the Voucher is credited to the Service Provider’s bank account, the Service Provider will send the Voucher to the Buyer by email. Upon receipt of the Voucher by the Buyer, the Agreement for Participation in a Tour is concluded between the Service Provider and the Buyer.

No later than 24 (twenty-four) hours before the scheduled start time of a regular tour indicated on the Voucher, the Buyer may:

• Change the date or the number of Tour Participants in the Agreement for Participation in the Tour; or
• Cancel the Voucher, which is equivalent to the Buyer withdrawing from the Agreement for Participation in a regular Tour.

For private tours – free cancellation is available if the Tour is canceled by the Participants 14 days before the tour date, with a 50% refund available up to 7 days before the tour date. Cancellation less than 7 days before the scheduled date of the private Tour will result in no refund.

Changes to the Tour or Voucher cancellation must be reported by the Buyer via email to the Service Provider.
Upon receiving the email referred to in item 8 above, the Service Provider will make the changes to the Tour or cancel the Voucher. In the event of Voucher cancellation, the Service Provider will initiate a refund for all payments made by the Buyer within 3-5 Business Days. However, the time for receipt of the refund by the Buyer will also depend on the payment operator’s processing. The exact refund period will be specified by the Service Provider in the email confirming the Voucher cancellation, sent via email.

§ 6. Tour
Participants in a Tour are required to arrive at the meeting point specified on the Voucher, on the date and time indicated on the Voucher. Additionally, the Service Provider recommends arriving at the meeting point at least 10 minutes in advance.
The guide is not obligated to wait for late Participants for more than 5 (five) minutes.
The start time of the Tour indicated on the Voucher may change due to reasons beyond the Service Provider’s control. In the event of a change, the Service Provider is obligated to promptly inform the Tour Participants and indicate a new start time for the Tour.
The duration of the Tour, as indicated on the Service or Voucher, may also change due to reasons beyond the Service Provider’s control, particularly due to weather conditions or the overall number of visitors.
Before starting the Tour, the Participant is required to show the guide a Voucher entitling them to participate in the Tour. If the Voucher has not been fully paid, the Participant agrees to pay the remaining amount before the Tour begins.

In the event of:

• the Participant refusing to pay the remaining balance of the Voucher;
• the Participant’s non-compliance with order and safety regulations at the Tour location, despite a warning from the guide;
• the Participant persistently disrupting the planned course of the Tour, despite a warning from the guide;
• the Participant attending the Tour under the influence of alcohol or intoxicants or consuming such substances during the Tour,

the guide, acting on behalf of the Service Provider, is authorized to exclude the Participant from the Tour. This is equivalent to the Service Provider withdrawing from the Agreement for Participation in the Tour. If the exclusion concerns a Participant who is a Consumer or an Entrepreneur with Consumer Rights, the Service Provider will issue a refund of the payments made in connection with the purchase of the Voucher. The excluded Participant is liable to the Service Provider for any damages caused (in particular for damages resulting from the disruption of the Tour).

If conducting the Tour on the agreed date is impossible due to reasons beyond the Service Provider’s control (particularly as a result of force majeure or third parties, for which the Service Provider is not responsible), which the Service Provider could not have foreseen at the time of concluding the Agreement for Participation in a Tour, the Service Provider is entitled to:

1. offer the Participants to reschedule the Tour to another date;
2. offer an alternative Tour;
3. cancel the Tour.

For Participants who accept the Service Provider’s offer as indicated in item 7 points 1 or 2 above, the Service Provider will fulfill the services as per the proposed offer. Acceptance of the Service Provider’s offer by the Participant constitutes an amendment to the original Agreement for Participation in a Tour according to the accepted offer.
In the event of Tour cancellation or Participants’ rejection of the Service Provider’s offer indicated in item 7 points 1 or 2 above, the Service Provider will refund all payments made by the Participants. The Service Provider will initiate the refund within 3-5 Business Days, but the time of receipt will also depend on the payment processor’s operations. The exact refund period will be specified in the Service Provider’s email confirming the Tour cancellation.

§ 7. Newsletter
To enter into an Agreement for the delivery of the Newsletter, the Subscriber must provide the Service Provider with an email address and make a declaration of consent to receive the Newsletter, acknowledging the Terms and Privacy Policy and accepting their provisions.
The actions specified in item 1 above may be performed in any manner, including filling out an electronic form provided on the Service.
Completion of the actions specified in item 1 is equivalent to the Subscriber entering into the Agreement for the delivery of the Newsletter.
The Agreement for the delivery of the Newsletter is concluded for an indefinite period.
The Service Provider informs, and the Subscriber acknowledges, that:

• The Newsletter is not subject to updates;
• The frequency and timing of Newsletter deliveries are not predefined and depend on the Service Provider’s current situation.

The Newsletter is delivered via email to the address provided by the Subscriber.
The Subscriber may, at any time and without providing a reason, terminate the Agreement for the delivery of the Newsletter with immediate effect. Furthermore, under Article 27 et seq. of the Act on Consumer Rights, a Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from the Agreement for the delivery of the Newsletter without providing a reason, within 14 (fourteen) days from the date of its conclusion.
Withdrawal from or termination of the Agreement for the delivery of the Newsletter, regardless of the reason, requires the Subscriber to submit an appropriate declaration to the Service Provider. This declaration can be submitted by:

• Clicking on the unsubscribe link included in every Newsletter;
• Sending the Service Provider a declaration of withdrawal from or termination of the Agreement for the delivery of the Newsletter via email.

The Service Provider will cease sending the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions specified in item 8 above.
In the event that the Newsletter does not comply with the Agreement for the delivery of the Newsletter, the Subscriber is entitled to the rights indicated in Article 43 of the Act on Consumer Rights.

§ 8. Right of Withdrawal from Distance Contracts
The provisions of this § 8 apply only to Buyers who are Consumers or Entrepreneurs with Consumer Rights.
Pursuant to Article 27 et seq. of the Act on Consumer Rights, the Buyer has the right to withdraw from a distance contract without providing any reason within 14 (fourteen) days from the date of its conclusion.
The Buyer exercises the right of withdrawal from a distance contract by submitting a declaration of withdrawal to the Service Provider. Sending the declaration before the deadline specified in item 2 above is sufficient to meet the deadline for withdrawal.
The declaration of withdrawal may be submitted by the Buyer in any form, particularly using the form attached as Annex 2 to the Act on Consumer Rights.
The Service Provider informs, and the Buyer acknowledges, that the right of withdrawal described in this paragraph does not apply to the Agreement for Participation in a Tour due to Article 38(1)(12) of the Act on Consumer Rights.
The provisions of this paragraph do not affect the rights granted to the Buyer under § 5 item 7 of the Terms for regular tours and § 5 item 8 of the Terms for private tours.

§ 9. Partners
The provisions of the Terms regarding Agreements for Participation in a Tour concluded with the Service Provider apply accordingly to Agreements for Participation in a Tour concluded with Partners, unless the Partner has established a separate service provision policy.
The Service Provider informs, and the User acknowledges, that the division of responsibilities regarding an Agreement for Participation in a Tour concluded with a Partner is as follows:

• The Service Provider is responsible for:
  • Providing functionalities to the User and Partner enabling them to conclude an Agreement for Participation in a Tour and make related payments;
  • Transmitting, storing, and making available the data entered into the Service by the User and Partner related to the Agreement for Participation in a Tour.
• The Partner is responsible for:
  • Adding, modifying, and removing Tour offers organized by the Service Provider;
  • Receiving and processing payments made in connection with the Agreement for Participation in a Tour;
  • Ensuring the User’s ability to participate in the Tour and fulfilling all other obligations arising from the Agreement for Participation in a Tour.

The Service Provider informs, and the User acknowledges, that the Service Provider is not a party to the Agreement for Participation in a Tour concluded with a Partner and thus is not responsible for its performance, non-performance, or improper performance by the Partner.
All complaints regarding the activities of Partners should be submitted to the Service Provider via email.

§ 10. Liability
The Organizer is not liable for property damage or personal injury suffered by the Participant in connection with participation in the Tour, which occurred as a result of:

• Force majeure;
• Actions of third parties for whom the Service Provider is not responsible;
• Actions of the Participant themselves, especially failure to comply with order and safety regulations at the Tour location.
  The Participant whose wrongful action or omission led to the interruption or cancellation of the Tour is responsible for any damages caused to the Service Provider as a result.
  The Participant is also responsible to third parties for any damages caused to them during participation in the Tour.

§ 11. Complaints
The User may file a complaint if the Service Provider provides services in a manner inconsistent with the Terms.
The User filing a complaint should send an email to the address specified in § 12, item 1 of the Terms, containing the following elements:

• The User’s name and surname;
• Email address;
• Description of the noticed irregularities;
• Voucher number;
• Complaint request.
  The complaint will be reviewed, and a response will be provided within 14 (fourteen) days from the date the Service Provider receives it in a complete and correct form. Failure to respond within the specified time will be considered acceptance of the complaint.
  The Service Provider will respond to the complaint via email.

§ 12. Service Provider’s Details
The Service is owned by AT Cracow S.C. Małgorzata Balon, Krzysztof Balon. NIP: 6783181238, REGON: 384159013, Węgrzce Wielkie 495, 32-002 Węgrzce Wielkie (hereinafter referred to as the “Service Provider”).
Contact with the Service Provider is possible via:

• Email: support@atcracow.pl;
• Postal mail: AT Cracow S.C., Węgrzce Wielkie 495, 32-002 Węgrzce Wielkie;
• Phone: +48 12 612 6664.

§ 13. Intellectual Property of the Service Provider
All components of the Service, in particular:

• The Service name;
• The Service logo;
• The operational principles of the Service’s website, all its graphic elements, interface, software, source code, and databases; are protected by law under the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, and other applicable laws, including European Union law.
  Any use of the Service Provider’s intellectual property without prior, explicit permission is prohibited.

§ 14. Personal Data Processing
Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: www.atcracow.com/polityka-prywatnosci.

§ 15. Out-of-Court Dispute Resolution
The provisions of this § 15 apply only to Users who are Consumers.
The User has the option to use out-of-court methods for resolving complaints and claims.
Detailed information about the possibility for the User to use out-of-court methods for resolving complaints and claims, as well as access to these procedures, is available in the offices and on the websites of:

• Local (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection;
• Provincial Inspectorates of Trade Inspection;
• The Office of Competition and Consumer Protection.
  Regardless of the provisions of item 3 above, the User may also use the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 16. Amendments to the Terms
The Service Provider may amend the Terms in the event of:

• A change in the subject of the Service Provider’s activity;
• Introduction of new services by the Service Provider, withdrawal of currently provided services, or modification of existing services;
• The need to prevent Users from abusing the rights granted by the Terms;
• Technical modifications to the Service requiring adjustment of the Terms;
• A legal obligation to make changes, including adapting the Terms to the current legal status.
  The Service Provider will notify Users of any amendments to the Terms by publishing the updated version on the Service. The amendment becomes effective upon publication on the Service. Additionally, the Service Provider will send the updated Terms to Subscribers via email.
  A Subscriber who disagrees with the amendments may terminate the Agreement for the delivery of the Newsletter within 7 (seven) days from the date the amended Terms become effective. Termination of the Agreement for the delivery of the Newsletter may be carried out as specified in § 7, item 8. The Service Provider will immediately cease sending the Newsletter to the Subscriber upon receiving the termination notice.
  The Terms in effect at the time the Agreement for Participation in a Tour was concluded will apply to Agreements for Participation in a Tour made before the amendments take effect.

§ 17. Final Provisions
The current version of the Terms is effective as of 24 October 2024.