II. General Terms and Conditions of OUT OddUrbanThings Alan Zacharzewski, Warszawa (intermediary)
III. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)
Within the scope of an intermediary service, OUT OddUrbanThings Alan Zacharzewski shall provide the visitors and Suppliers of tours or tourist services with this booking Platform.
Contracts for services are to be concluded directly between the users of this booking Platform and the Suppliers of tours or other tourist services. OUT OddUrbanThings Alan Zacharzewski is not a contract party with regards to the tourist services offered on this booking Platform.
1. Who operates this website?
This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is provided by OUT OddUrbanThings Alan Zacharzewski, Jana III Sobieskiego 4/70, 02-957 Warszawa, Poland. You can contact us by email [email protected] or by phone using these numbers: +48 511425769, +48 793153193.
Bookings through the Platform are subject to the General Terms and Conditions of OUT OddUrbanThings Alan Zacharzewski as well as the General Terms and Conditions of the Supplier of tours and other services.
3. No offer
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the OddUrbanThings Platform and the supplier’s acceptance of the booking request according to the General Terms and Conditions of OUT OddUrbanThings Alan Zacharzewski.
4. No warranty
While OUT OddUrbanThings Alan Zacharzewski tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). OUT OddUrbanThings Alan Zacharzewski may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. OUT OddUrbanThings Alan Zacharzewski may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. OUT OddUrbanThings Alan Zacharzewski does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, OUT OddUrbanThings Alan Zacharzewski does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
5. Limitation of liability
OUT OddUrbanThings Alan Zacharzewski excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
6. Third party content, links to other websites
OUT OddUrbanThings Alan Zacharzewski does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. OUT OddUrbanThings Alan Zacharzewski does not recommend or endorse such content, and will not have any liability relating to it. Where OUT OddUrbanThings Alan Zacharzewski links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to [email protected]
7. Intellectual property rights
As between you and OUT OddUrbanThings Alan Zacharzewski, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
9. Applicable law and jurisdiction
The law of Republic of Poland shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Warszawa, provided the user is a tradesperson as per the Polish Commercial Code or does not have a permanent place of residence in Poland when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
II. OUT OddUrbanThings Alan Zacharzewski – User Terms and Conditions for the online offer of OddUrbanThings Platform
1.1 OUT OddUrbanThings Alan Zacharzewski, Jana III Sobieskiego 4/70, 02-957 Warszawa, Poland runs an intermediary Platform for tourist offers in the form of an online offer via the internet (referred to as the “OddUrbanThings Platform”). On the OddUrbanThings Platform users have the chance to find and book tours, activities and experiences in Warsaw. The online offer comprises guided tours, cooking courses, sightseeing tours by bus, river barge trips, tickets for entry to sightseeing locations and other services. The offers are placed online by a range of local Suppliers around the world (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is concluded (“service agreement”). The Suppliers’ services can be accessed via the OddUrbanThings Platform and bookings can be made. Supplier that is the organizer of each given service is listed on the experience’s subsite under the subsection “Organizer” below reviews.
1.2 OUT OddUrbanThings Alan Zacharzewski approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
- A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities (Section 13 German Civil Code – “BGB”).
- A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract (Section 14, paragraph 1, BGB).
- The “user” denotes a natural person, unless this person has been explicitly registered with OUT OddUrbanThings Alan Zacharzewski as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity.
2. Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any use of the OddUrbanThings Platform, such as via the internet and apps. The contractual relationship between the user and OUT OddUrbanThings Alan Zacharzewski generally only comprises the proper referral of users to the respective Supplier. OUT OddUrbanThings Alan Zacharzewski does not appear itself as the organizer, lessor, seller or other contract partner with regards to the tourist service agreement with the user. Consequently, part II of the General Terms and Conditions of OUT OddUrbanThings Alan Zacharzewski shall apply to offers on the OddUrbanThings Platform and the provision of users to the Supplier. The contractual conditions of the Supplier, as per part III of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Supplier.
3.1 The use of OddUrbanThings Platform’s offer can generally be done anonymously.
4. Services of OUT OddUrbanThings Alan Zacharzewski/Conclusion of contract
4.1 Once the user has entered his/her desired service on the OddUrbanThings Platform (e.g. type of tour, start time, number of participants & price options), OUT OddUrbanThings Alan Zacharzewski shall show the user the information about the Suppliers’ services (“service information“). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier. This happens, after the selection and transfer to the shopping basket, by clicking on the button “Book”.
4.2 The user is bound to his/her binding offer for five working days. For more information see Section 5 of the General Terms and Conditions of the Supplier of tours and other tourist services in Part III.
4.3 OUT OddUrbanThings Alan Zacharzewski shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.
4.4 OUT OddUrbanThings Alan Zacharzewski shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of the OddUrbanThings Platform itself is essentially free of charge for the user. The costs for the technical access to the OddUrbanThings Platform (e.g. internet access) are to be borne by the user. OUT OddUrbanThings Alan Zacharzewski is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.
4.5 OUT OddUrbanThings Alan Zacharzewski shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.
4.6 OUT OddUrbanThings Alan Zacharzewski assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which OUT OddUrbanThings Alan Zacharzewski cannot check in detail.
5. Payments on OddUrbanThings
5.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.
5.2 OUT OddUrbanThings Alan Zacharzewski is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), OUT OddUrbanThings Alan Zacharzewski can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. OUT OddUrbanThings Alan Zacharzewski can charge the user a suitable conversion charge for this.
5.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via OUT OddUrbanThings Alan Zacharzewski. To simplify the process for the user, communication via OddUrbanThings Platform is recommended.
5.4 To use the payment functions of OUT OddUrbanThings Alan Zacharzewski, the user has to enter correct payment information and update the details immediately in the event of changes. OUT OddUrbanThings Alan Zacharzewski can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.
5.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. OUT OddUrbanThings Alan Zacharzewski reserves the right to make the use of the payment function of OUT OddUrbanThings Alan Zacharzewski dependent on a check of the credit rating of the user.
6. Pricing of OUT OddUrbanThings Alan Zacharzewski
6.1 All prices on OddUrbanThings are quoted per person and include VAT and all other taxes.
6.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
7. Duties and obligations of the user
7.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to OddUrbanThings Portal using his/her registration data. The user shall be accountable for all use of his/her user account on OddUrbanThings Portal.
7.2 After receiving the service information, the user can send any orders to OUT OddUrbanThings Alan Zacharzewski for forwarding to the Supplier.
7.3 The user shall exempt OUT OddUrbanThings Alan Zacharzewski from third-party claims based on his/her use of the OddUrbanThings Platform, unless they are the fault of OUT OddUrbanThings Alan Zacharzewski.
8. Availability and warranty
8.1 There is no claim for availability, quality or service features, or technical support for the OddUrbanThings Platform. OUT OddUrbanThings Alan Zacharzewski can redesign, reduce or suspend their online portal OddUrbanThings at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
8.2 OUT OddUrbanThings Alan Zacharzewski makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
8.3 OUT OddUrbanThings Alan Zacharzewski makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
8.4 Provided OUT OddUrbanThings Alan Zacharzewski does not have any obligation to the user, OUT OddUrbanThings Alan Zacharzewski also provides no guarantee.
9. Liability of OUT OddUrbanThings Alan Zacharzewski
9.1 If OUT OddUrbanThings Alan Zacharzewski has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
9.2 Without explicit agreement or an assurance of this kind, OUT OddUrbanThings Alan Zacharzewski is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided.
9.3 Any liability of OUT OddUrbanThings Alan Zacharzewski due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
9.4 The liability of OUT OddUrbanThings Alan Zacharzewski for contractual claims of the user is limited to three-times the price of the services procured, except for
any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose
liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by OUT OddUrbanThings Alan Zacharzewski or a vicarious agent of OUT OddUrbanThings Alan Zacharzewski
liability of OUT OddUrbanThings Alan Zacharzewski for other damage incurred by the user due to a grossly-negligent breach of duty by OUT OddUrbanThings Alan Zacharzewski or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of OUT OddUrbanThings Alan Zacharzewski.
9.5 For ordinary negligence, OUT OddUrbanThings Alan Zacharzewski is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
9.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.
10. Evaluation function of OUT OddUrbanThings Alan Zacharzewski
10.1 Users have the opportunity to have personal influence on the content of OddUrbanThings Platform by writing travel reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does OUT OddUrbanThings Alan Zacharzewski make user content its own, it merely provides a Platform.
10.2 OUT OddUrbanThings Alan Zacharzewski can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.
10.3 OUT OddUrbanThings Alan Zacharzewski can remove or report user content where necessary and at its own discretion. For example, OUT OddUrbanThings Alan Zacharzewski can remove user content if it violates the OUT OddUrbanThings Alan Zacharzewski principles for content, in the opinion of OUT OddUrbanThings Alan Zacharzewski. OUT OddUrbanThings Alan Zacharzewski is not obliged to store copies of user content or provide copies thereof. OUT OddUrbanThings Alan Zacharzewski does not guarantee the confidentiality of user content.
10.4 OUT OddUrbanThings Alan Zacharzewski and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.
10.5 The users shall fully indemnify OUT OddUrbanThings Alan Zacharzewski and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against OUT OddUrbanThings Alan Zacharzewski concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on OddUrbanThings Platform. This does not apply if OUT OddUrbanThings Alan Zacharzewski is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide OUT OddUrbanThings Alan Zacharzewski with all the information necessary to verify the claims and defend them.
11. Data protection
11.1 OUT OddUrbanThings Alan Zacharzewski collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for OUT OddUrbanThings Alan Zacharzewski between the user and OUT OddUrbanThings Alan Zacharzewski.
11.2 If OUT OddUrbanThings Alan Zacharzewski is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.
11.3 Further information can be found in the data protection conditions of OUT OddUrbanThings Alan Zacharzewski at https://www.OddUrbanThings.com/privacy_policy.
12. Changes to these General Terms and Conditions
12.1 OUT OddUrbanThings Alan Zacharzewski reserves the right to change these General Terms and Conditions at any time and without stating the reasons. OUT OddUrbanThings Alan Zacharzewski will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. OUT OddUrbanThings Alan Zacharzewski will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.
12.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
13. Other provisions
15.1 These General Terms and Conditions represent the whole agreement between OUT OddUrbanThings Alan Zacharzewski and the user. No additional agreements exist.
15.2 The law of the Republic of Poland shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Warszawa, provided the user is a tradesperson as per the Polish Commercial Code or does not have a permanent place of residence in Poland when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
15.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
OUT OddUrbanThings Alan Zacharzewski
Jana III Sobieskiego 4/70
III. General Terms and Conditions of the Supplier of tours and other tourist services
Part III of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the OddUrbanThings Platform.
2. Truthful details
The details transferred via the OddUrbanThings Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs as per Section 11 of part III of the General Terms and Conditions of Supplier of tours and other tourist services, if defective details are provided by the user.
3. Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.
4. Additional terms and conditions
If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.
5. Binding nature of the request
The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for five working days. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.
The agreed total price for the service we have provided is due upon the conclusion of the contract.
7. Notes on the right of revocation
The Supplier points out that according to legal provisions (section 312, paragraph (2), no. 4, 312g, paragraph 2, clause 1, no. 9, BGB), contracts for tourism services which are concluded as remote selling (i.e. via the OddUrbanThings Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.
8. Self-responsibility for insurance
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.
9. Unpaid services
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.
10. Exchange of messages
All messages between you, or the user you have referred, and the Supplier shall be done via the OddUrbanThings Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by OUT OddUrbanThings Alan Zacharzewski.
11. Cancellation guidelines
11.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply. OUT OddUrbanThings Alan Zacharzewski advises the user to carefully read the information in the product description.
11.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier of the tourist services:
- Up to 24 hours before the start of the activity: full refund
- Less than 24 hours before the start of the activity or in the event of a no-show: no refund
11.3 You, or the user you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.
11.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.
11.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.
12. Extraordinary cancellation
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.
13. Exclusion of participation
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
14. Changes to the program
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
15. Further conditions
Further conditions or deviating conditions can be found in the respective tenders.
16. Time zone
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
17. Liability of the Supplier of the tour or the tourism service
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
18. Formal complaints
Formal complaints (“complaints”) may be sent to the following e-mail address: [email protected] within 3 business days of the service being provided. The complaint will be considered within 14 working days. You will be notified of the decision on the complaint to the e-mail address provided in the complaint.
19. Change to these General Terms and Conditions
These Terms and Conditions of the Supplier of tours and other tourist services of Part III can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.