ESCAPE ROOM TERMS AND CONDITIONS
§ 1 Definitions
For the purposes of these Terms and Conditions, the following expressions have the meanings set out below:
- Organizer - a limited liability company limited partnership with its registered office in Warsaw, address: ul. Przyjaźni 79 A, 04-544 Warsaw, KRS No. 0000842615, NIP No. 9522206395;
- Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, who makes a Booking and enters into an Agreement; in case of doubt, a person carrying out factual and legal acts for and on behalf of the Customer is deemed to have been authorized by the Customer and is jointly and severally liable with the Customer in this respect; where the Customer participates in the Game, the provisions concerning Participants apply to the Customer accordingly;
- Participant - a natural person participating in the Game who has full legal capacity or, in the case of a person without full legal capacity who is at least 13 years old, a person who has the consent of their legal representative to participate in the Game and is supervised by a person with full legal capacity, or who has a written statement from their legal guardian, otherwise null and void, confirming that there are no contraindications to participation in the Game and consenting to independent participation by that person; the Customer is jointly and severally liable with the Participants for the Participants in connection with performance of the Agreement;
- Website - the website available at www.mysteryexpress.pl, which contains detailed information about the location and type of Rooms made available by the Organizer, the type and duration of the Game, and through which a Booking may be made;
- Booking - an offer to enter into an Agreement within the meaning of the Polish Civil Code, submitted by the Customer in the manner and on the terms specified in these Terms and Conditions; a Booking binds the Customer for 30 days from the date on which it is submitted; information on the Website does not constitute an offer within the meaning of the Civil Code, but an invitation to enter into an agreement;
- Game - a service provided by the Organizer consisting of participation in a single escape-room puzzle game in the Room selected by the Customer, on the terms and conditions resulting from the Agreement entered into by the parties and these Terms and Conditions;
- Room - a room or group of rooms selected by the Customer and made available by the Organizer for the Game; detailed information about the type of Room is provided on the Website;
- Premises - the commercial premises in which the Rooms are located, at ul. Władysława Broniewskiego 7, 01-785 Warsaw;
- Agreement - an agreement entered into between the Customer and the Organizer for making a Room available for the Game on the terms resulting from the Booking and these Terms and Conditions, specifying in particular the type and location of the Room, the duration of the Game, the number of Participants, and the amount and method of payment of the Organizer's remuneration;
- Entrepreneur - a natural person with full legal capacity, a legal person or an organizational unit without legal personality but having legal capacity, who enters into a legal transaction with the Organizer directly related to that person's business or professional activity, including entering into an Agreement with the Organizer, purchasing a voucher, or receiving electronically supplied services;
- Consumer - a natural person with full legal capacity who enters into a legal transaction with the Organizer that is not directly related to that person's business or professional activity, including entering into an Agreement with the Organizer, purchasing a voucher, or receiving electronically supplied services;
- Entrepreneur with consumer rights - an adult natural person who enters into a legal transaction with the Organizer directly related to that person's business activity, where the content of the transaction shows that it is not of a professional nature for that person, in particular having regard to the subject of their business activity disclosed under the provisions governing the Polish Central Register and Information on Economic Activity;
- Terms and Conditions - this document together with its appendices, governing Bookings, entering into and terminating Agreements, use of the Games offered by the Organizer, the rules for making Rooms available and using them, and the rights and obligations of the Customer, Participants and Organizer; these Terms and Conditions form an integral part of every Agreement unless the Agreement provides otherwise; the Customer and Participants must comply with them, and making a Booking and participating in a Game confirms that they have read and accepted them.
§ 2 Organizer contact details
- The Organizer provides the following contact details:
- name: a limited liability company limited partnership with its registered office in Warsaw;
- contact address: ul. Przyjaźni 79 A, 04-544 Warsaw;
- telephone: +48 733 023 133;
- Organizer's bank account: 86 1020 4900 0000 8402 3293 0539.
- The Customer may contact the Organizer using the address and telephone number provided in paragraph 1 above.
- The Customer may contact the Organizer by telephone on the days and during the hours when the Organizer provides services in accordance with § 3.
- Complaints may be submitted to the Organizer at ul. Przyjaźni 79 A, 04-544 Warsaw or by e-mail at kontakt@mysteryexpress.pl.
§ 3 General provisions
- The Organizer provides services seven days a week: Sunday to Thursday from 9:00 a.m. to 11:00 p.m., and Friday to Saturday from 9:00 a.m. to midnight.
- Bookings may be made and Agreements may be performed during these hours.
- Participants should arrive at least 10 minutes before the Booking time to confirm that they have read these Terms and Conditions and to receive an explanation of the Game rules, including the conditions and psychophysical requirements for participation, operation of devices in the Room and the specifications of the particular Room. Otherwise, the Organizer is not liable for the Participants' inability to become familiar with the Game rules and reserves the right to shorten the Game by the duration of the delay.
- Smoking and consumption of alcohol or intoxicating substances are strictly prohibited on the Premises.
- Persons under the influence of alcohol, intoxicating substances or other substances affecting awareness or mental state may not participate in the Game.
- For safety reasons, the Organizer may refuse to admit Participants who do not meet the conditions set out in paragraphs 1-4. This does not give rise to any adverse legal or financial consequences for the Organizer; in particular, the Organizer may refuse some or all Participants access to the Room and the Customer is not entitled to a refund of the admission fee.
- If Participants are more than 15 minutes late, calculated from the scheduled start of the Game, the Organizer may cancel the Game and refuse admission to the Room. This does not give rise to any adverse legal or financial consequences for the Organizer; in particular, the Customer is not entitled to a refund of the Game fee.
- Each Participant takes part in the Game at their own risk.
- Persons suffering from claustrophobia, epilepsy, shortness of breath, heart or circulatory problems, reduced mobility or physical fitness, pregnant persons, persons undergoing psychological or psychiatric treatment, and persons suffering from other conditions that could affect participation should not use the Organizer's services. If they do so, they act solely at their own risk. Before the Game begins, those persons are asked to contact the Organizer's representative at the Premises, such as the Game Master, and inform them of those conditions. The Organizer is not liable for deterioration in a Participant's health resulting from participation by persons with those conditions.
- Use of mobile phones, cameras, video cameras, calculators, flashlights and other electronic devices is strictly prohibited during the Game.
- Before the Game begins, all items referred to in paragraph 9 must be left in the designated place at reception and collected after the Game. Participants may also leave outerwear in the designated place. The Organizer is not liable for Participants' property left there.
- Taking photographs and recording video on the Premises, including in the Rooms, is strictly prohibited. Any attempt to breach this prohibition will be treated as an infringement of the Organizer's intellectual property rights and may result in legal action.
- It is prohibited to bring or use any sharp or dangerous objects on the Premises, including in the Rooms, such as weapons, knives, ammunition, machetes, cleavers, screwdrivers or pipe wrenches. Smoking cigarettes, including electronic cigarettes, and using lighters or matches are prohibited on the Premises and in the Rooms.
- An Organizer representative, such as a Game Master, who observes a Participant using any device or object referred to in paragraphs 9, 11 or 12 contrary to those provisions may stop the Game and refuse to continue it. The Customer and Participants are then not entitled to a refund. At the Organizer's request, they must also leave the Room and the Premises immediately.
- The Organizer is not liable for damage to Participants' property caused by Participants, third parties or force majeure.
§ 4 Booking
- A Booking is required in order to use the Game and, when submitted, constitutes an offer to enter into an Agreement with the Organizer on the terms resulting from the Booking and these Terms and Conditions.
- A Room may be booked:
- electronically using the form in the "Book now" section of the Website;
- electronically through the LockMe website operated by Lockme sp. z o.o., ul. Ofiar Oświęcimskich 17, 50-069 Wrocław, KRS No. 0000942965, available at https://lockme.pl/poland, on the terms set out on that website;
- by e-mail, telephone or in person using the Organizer's contact details provided in these Terms and Conditions.
- Available and applicable Booking times are shown in the "Book now" section of the Website. A Booking outside the hours available in the booking system is possible by prior arrangement with the Organizer by e-mail or telephone; paragraph 2(c) applies accordingly.
- To make a Booking, except through LockMe, the following information must be provided:
- the Customer's first name and surname;
- the number of Participants;
- the selected Room;
- the Booking date and time;
- the Customer's contact telephone number;
- the Customer's e-mail address;
- information about special requirements, such as the need for an invoice;
- the payment method;
- the Customer's residential address, where payment for the Agreement is not made together with the Booking, such as payment in cash or by voucher at the Premises, and for the purpose of pursuing any claims against the Customer in connection with damage to the Room or its equipment;
- For a Booking made through LockMe, irrespective of statements made on the LockMe platform, the Customer must also provide the information and give the consents and statements required by the Organizer, including acceptance of these Terms and Conditions and the Privacy Policy and any consents required to participate in the Game.
- By making a Booking, the Customer declares that:
- they are authorized to enter into the Agreement for and on behalf of the Customer and that the information provided is true;
- they have sufficient funds to pay the remuneration due for performance of the Agreement;
- they have undertaken to provide all Participants, or the legal representatives of Participants without legal capacity, with the Organizer's Terms and Conditions and Privacy Policy before the Agreement is entered into, and that all Participants or their legal representatives accept them;
- all Participants meet the requirements for participation in the Game set out in these Terms and Conditions;
- they are jointly and severally liable with the Participants for the Participants' compliance with these Terms and Conditions;
- where the Customer is a Consumer, they understand that submitting a Booking constitutes an offer to enter into an Agreement with an obligation to pay and that, if the Organizer accepts the offer, they must pay on the terms resulting from the Booking;
- if any circumstance referred to in this paragraph changes, they must notify the Organizer immediately and in any event no later than 24 hours before the Game begins; otherwise all adverse consequences, including immediate termination of the Agreement by the Organizer, are borne by the Customer, without prejudice to the Organizer's right to terminate the Agreement immediately if circumstances make performance on the existing terms impossible.
- Within one hour of making a Booking, the Customer must pay a deposit equal to 50% of the final price of the service, unless the full price has already been paid, for example by an instant transfer. Failure to pay the deposit within that period may result in cancellation of the Booking by the Organizer. A Customer booking through LockMe must pay 100% of the Booking value. For payment by voucher, the Customer must provide the voucher number and provider name.
-
- after making a Booking in accordance with paragraph 4 and paying the deposit in accordance with paragraph 7, unless the full price was paid earlier, the Customer will receive a booking confirmation e-mail at the address provided during the Booking;
- after selecting cash or voucher payment, the Customer will receive a Booking confirmation e-mail at the address provided during the Booking.
- If the Customer does not receive an e-mail from the Organizer confirming the Booking, the Customer must contact the Organizer immediately to complete the Booking process. Otherwise, the Booking is not made and the Customer must repeat the Booking process to enter into an Agreement. Until the Agreement is entered into, the Organizer is not liable for unavailability of the Game times or Rooms selected by the Customer.
- For a Booking made by e-mail, telephone or in person, an Organizer representative may contact the Customer by telephone to complete the Booking process.
- The Organizer reserves the right to refuse to confirm a Booking in exceptional cases or to withdraw from the Agreement in the event of:
- errors in booking or payment systems;
- a Booking made by a person who has previously been removed from the Premises, caused a disturbance, acted aggressively, or caused any damage in the Room or Premises in connection with or during a Game.
- The Organizer may refuse admission to the Premises or a Room to a person who has previously caused a disturbance, acted aggressively, or caused any damage in the Room or Premises in connection with or during a Game.
- Failure by the Organizer to confirm a Booking by e-mail or telephone, or provision of an incorrect telephone number, may result in cancellation of the Booking by the Organizer. In that situation, no Agreement is entered into.
- A Booking may be cancelled by e-mail using the link in the Booking confirmation e-mail, by telephone or in person.
- If additional Participants are added after the Booking is made, the Customer is responsible for ensuring that all Participants agree to the service terms resulting from these Terms and Conditions and have read the material terms of the Booking and the Organizer's Privacy Policy.
- By making a Booking, the Customer and Participants declare that they have read the Room descriptions and will not make claims in relation to the decor, atmosphere or props in the Room.
- At the Organizer's first request, the person who made the Booking must provide the personal data of every Participant who, to the Organizer's knowledge, caused damage in the Room or Premises, namely first name, surname, PESEL number and residential address, under a contractual penalty of PLN 1,000 payable to the Organizer for each identified failure to perform or improper performance of that obligation.
- The Customer is entitled to a refund of the Game fee, including the deposit, only if the Booking is cancelled no later than 24 hours before the Game, meaning that the Customer's cancellation statement must reach the Organizer by that time. In all other cases, the Customer must pay the full Game fee if it has not already been paid. If a Booking is cancelled less than 24 hours before the Game, the Customer is not entitled to a refund, including for a Booking made through LockMe, and the Organizer may retain the deposit toward the fee for the ordered service.
- If a Booking is made less than 24 hours before the Game, confirmed by the Organizer, and cash or voucher payment at the Premises is selected, but the Customer does not attend, the Customer must pay the Organizer the full amount due for the Booking. The Organizer may retain any deposit paid toward the Game fee.
§ 5 Game and Room rules
- The Game consists of solving logic and dexterity puzzles. The Participants' task is to leave the Room within a specified time. The duration for each Room is stated on the Website as at the time the Agreement is entered into. When that time expires, the Game ends and Participants must leave the Room.
- The Game is intended for groups within the Participant range stated for the particular Room on the Website as at the time the Agreement is entered into. The maximum number may not be exceeded. The Organizer may refuse to perform the Agreement for persons above that limit by not making the Room available to them, without adverse legal or financial consequences for the Organizer, including any obligation to refund the Game fee.
- During the Game, Participants are in contact with a Game Master. The Game Master can see and hear them through monitoring installed in the Room.
- An Actor may be present or appear in selected Rooms. During the Game, the Actor may touch and speak to Participants. Participants are prohibited from touching the Actor.
- Subject to the remaining conditions in these Terms and Conditions, the following persons may participate independently:
- persons aged 16 or over;
- persons aged at least 13 but under 16, if supervised by an adult guardian who remains at least on the Premises, such as in the waiting room or reception;
- persons under 13 only if an adult guardian participates in the Game with them.
- The guardians or legal representatives of Participants who are minors are responsible for their conduct, including any damage they cause.
- No refund of the Game fee is due if the Game is ended early at the request of a Participant or the entire group.
- An Organizer representative may stop the Game, thereby terminating the Agreement with immediate effect, where:
- Participants' conduct breaches standards of decency, good practice or social coexistence despite one warning;
- there is danger threatening Participants;
- Participants use mobile phones, flashlights other than those provided by the Organizer, or cameras;
- a Participant fails to comply with these Terms and Conditions or the Game rules;
- the Room or its equipment is damaged or otherwise used without authorization;
- a Participant fails to follow instructions from the Game Master or another Organizer representative;
- there is a suspicion that a Participant is under the influence of alcohol or intoxicating substances;
- a Participant behaves vulgarly or aggressively, including in a way that threatens the safety of persons on the Premises or the Organizer's property.
- Stopping the Game for a reason listed in paragraph 8 has no adverse legal or financial consequences for the Organizer; in particular, the Organizer is not required to refund the Game fee. In that case, the Customer and Participants undertake not to publish negative reviews about the Organizer on LockMe or Google, under a contractual penalty of PLN 50 payable to the Organizer for each identified improper performance of that obligation. The Customer and Participants are jointly and severally liable for this penalty.
- Participants must take care of the objects and furniture forming the Rooms' decor.
- The Customer and Participants are jointly and severally fully liable for the Room's equipment and all damage caused in connection with their acts or omissions, including personal injury to other Participants. The Organizer may demand payment for material damage caused by Participants in an amount determined by the Organizer, irrespective of whether their acts or omissions were culpable.
- Some Rooms contain real signal or power cables that are not part of the decor. They must not be touched during the Game.
- Participation does not require physical force. Kicking, pulling, hitting or other aggressive conduct leading to damage to props, scenery or Room equipment is prohibited.
- In the event of any danger, persons on the Premises must immediately contact an Organizer representative and proceed to the nearest emergency exit.
- The Organizer is not liable for loss of property or injury during the Game suffered by persons who fail to observe basic safety rules. This includes climbing on furniture, kicking Room props, crossing tapes marking off Room space, inserting fingers or tools into electrical sockets, and other conduct exposing a Participant to injury.
- Participants must not obstruct or interfere with Games played by other persons using the Premises.
- For safety and protection of the parties' claims, video and audio monitoring is installed on the Premises, including in the Rooms. In the Rooms, audio and video communication channels are installed in particular for performance of the Agreement, including communication between Organizer staff and Participants.
- Where justified, such as a noticeable smell of alcohol or aggressive conduct, an Organizer representative may test a Participant for alcohol or substances with similar effects, including opioids, amphetamine and analogues, cocaine, cannabinoids and benzodiazepines. If the result is positive, the representative may stop and refuse to continue the Game. The Customer and Participants are not entitled to a refund and, at the representative's request, must leave the Room and Premises immediately.
- If a Customer or Participant behaves aggressively or creates a threat to the health or life of Organizer representatives or third parties on the Premises, an Organizer representative may use pepper spray.
§ 6 Remuneration
- Use of the Organizer's services is subject to payment in accordance with the price list on the Website.
- Prices shown on the Website are gross prices inclusive of applicable taxes.
- Payment for performance of the Agreement and purchase of a voucher is made in advance by:
- cash at the Premises;
- bank transfer to the Organizer's bank account, only in exceptional cases with the Organizer's prior consent, such as corporate events;
- payment card;
- voucher at the Premises or through the Website, except when purchasing a Voucher;
- another method resulting from agreements between the Organizer and entities cooperating with the Organizer, including LockMe.
- The payment rules in paragraph 2 apply accordingly to all other amounts due to the Organizer in connection with a Booking or Agreement, penalties, damages and additional services.
- Detailed information about accepted payment methods is provided on the Website.
§ 7 Voucher
- The Organizer offers gift cards containing information about their value (value voucher) or the type of Game available to the holder (voucher for a specific Room), together with a unique number, purchase date, expiry date and the Organizer's contact details (a "Voucher").
- A Voucher may be purchased:
- directly at the Premises as a gift card;
- online through the Website as an electronic document.
- The value of a value Voucher is stated in PLN and corresponds to the nominal amount paid to purchase it.
- A Voucher is valid for six months unless separate agreements or promotion terms provide otherwise.
- Failure to use a Voucher does not entitle the holder to a cash refund or exchange for another benefit. With the Organizer's prior express consent, validity may be extended for a period specified by the Organizer.
§ 8 Right of withdrawal
- A Customer who is a Consumer may withdraw from the Agreement without giving a reason within 14 days after it is entered into by submitting a statement, subject to paragraphs 5 and 6. The deadline is met if the Consumer sends the statement before it expires.
- The withdrawal statement may be sent:
- by post to the Organizer's contact address stated in § 2;
- electronically to the Organizer's e-mail address stated in § 2.
- The Consumer may use the model withdrawal statement in Appendix 1 to these Terms and Conditions.
- If the Consumer exercises the right of withdrawal after performance has begun, the Consumer must pay for services supplied before the statement was submitted, in proportion to the extent of performance by the Organizer.
- Under Article 38(12) of the Polish Consumer Rights Act of 30 May 2014, where a Room is booked for a specific date and time selected by the Customer, the Participant has no right to withdraw from the Agreement.
- If the Agreement has been fully performed and the Consumer consented to performance before the period referred to in paragraph 1 expired, the Consumer has no right to withdraw.
- If the Consumer submits a withdrawal statement electronically, the Organizer will promptly confirm its receipt on a durable medium, such as by e-mail.
- On withdrawal, the Agreement is deemed not to have been entered into.
- If the Consumer paid in advance, payments are refunded, except for additional costs resulting from a delivery method selected by the Consumer other than the least expensive standard delivery offered by the Organizer, subject to the preceding paragraphs. The refund will be made within 14 days after receipt of the withdrawal statement using the same payment method as in the original transaction, unless the withdrawal statement provides otherwise.
- This section applies accordingly to a distance contract for purchase of a Voucher.
- The Consumer provisions in this section concerning withdrawal also apply to an Entrepreneur with consumer rights.
§ 9 Complaints
- The Organizer undertakes to perform the Agreement properly and is responsible for conformity of the service with the Agreement. The Organizer gives no warranty for the services.
- If the service does not conform to the Agreement, a Customer who is a Consumer has the rights specified in Chapter 5A of the Polish Consumer Rights Act of 30 May 2014. In that case, Book Three, Title XI, Division II of the Polish Civil Code of 23 April 1964 concerning statutory warranty does not apply. If the Customer is an Entrepreneur, the parties exclude the Organizer's statutory warranty liability.
- The Organizer is not liable for non-conformity to the extent that, no later than when the Agreement was entered into, the Consumer was expressly informed that a particular characteristic of the service departed from conformity requirements and expressly and separately accepted the absence of that characteristic.
- A Participant may submit a complaint electronically to the e-mail address stated in § 2.
- A properly submitted complaint should contain at least:
- the complainant's first name and surname;
- e-mail address;
- subject of the complaint;
- circumstances supporting the complaint;
- the Consumer's requested remedy.
- The Organizer will respond promptly and no later than 14 days after receiving the complaint. If it does not respond within that period, the Consumer's request is deemed justified. The response is provided on paper or another durable medium, such as by e-mail.
- The Consumer provisions in this section concerning claims for non-conformity also apply to an Entrepreneur with consumer rights.
§ 10 Events
- Terms for corporate events, birthdays, school outings, bachelor parties and bachelorette parties are agreed individually with the Organizer. In particular, the parties agree prices and additional services, such as catering, individually. Website price-list prices do not apply unless expressly agreed by the parties.
- Unless individual arrangements with the Organizer provide otherwise, these Terms and Conditions apply to events.
- To agree individual event terms, contact the Organizer using the details in § 2.
§ 11 Personal data
- For Participants and Customers who are natural persons, the Organizer is the controller of personal data within the meaning of applicable law.
- Provisions concerning processing of personal data and use of cookies are contained in the Privacy Policy.
§ 12 Technical requirements for Bookings through the Website
- The minimum technical requirements for making a Booking and using other electronic services through the Website are:
- an active Internet connection with a bandwidth of at least 1 MB/s;
- Internet Explorer 11, Chrome 70, Firefox 60, Opera 55, Microsoft Edge 44 or a newer version, with JavaScript enabled and accepting cookies;
- a screen with a minimum resolution of 360 x 640.
- An active e-mail account is required to make a Booking and use electronic services available on the Website.
- The Organizer uses cookies stored by the Organizer's server on the Customer's device when the Website is used. Cookies support correct operation of the Website and do not damage the device or alter its configuration or installed software. A Customer may disable cookies in their browser, but doing so may hinder or prevent use of the Website.
- The Organizer informs Customers that the public nature of the Internet and use of electronic services may create a risk of unauthorized persons obtaining or modifying Customer data. Customers should use appropriate technical measures to minimize those risks, in particular antivirus and identity-protection software.
§ 13 Out-of-court dispute resolution
- The Organizer informs a Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. Access rules are available at the offices or websites of entities authorized to resolve disputes out of court, including consumer ombudsmen and Provincial Inspectorates of the Trade Inspection. A list is available from the Polish Office of Competition and Consumer Protection at http://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
- A Consumer may in particular:
- apply to a permanent consumer arbitration court to resolve a dispute arising from an agreement;
- apply to the provincial inspector of the Trade Inspection to initiate mediation for an amicable resolution between the Organizer and the Consumer;
- seek assistance from a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- The Consumer may also use the ODR platform at http://ec.europa.eu/consumers/odr to resolve disputes between consumers and traders concerning contractual obligations under online sales or service agreements.
- The Consumer provisions in this section also apply to an Entrepreneur with consumer rights.
§ 14 Amendments
- Subject to the following paragraphs, the Organizer may supplement or amend these Terms and Conditions at any time without giving a reason. Amendments will be announced on the Website with the publication date and take effect on the date of announcement.
- In relations between the Organizer and Consumers, the Organizer may supplement or amend these Terms and Conditions for important reasons, meaning:
- a judgment of a court or decision of a public authority requiring an amendment;
- a change in generally applicable law or its interpretation resulting from judgments, decisions, recommendations or guidance of competent authorities;
- a change in the method of providing services caused solely by technical or technological considerations, including updates to technical requirements;
- a change in the scope or method of providing services covered by these Terms and Conditions through introduction, modification or withdrawal of functionality or services;
- a material change in market conditions relating to the Organizer's business;
- a need to improve security, functionality or the level of personal-data protection;
- extension or improvement of Website functionality or discontinuation of some functionality;
- a change in requirements of payment institutions cooperating with the Organizer in connection with the Agreement or other services;
- a change in the subject of the Organizer's business, including its expansion or limitation, provided that a Customer who does not accept the changes has the right to terminate the Agreement.
- Amendments do not affect rights acquired or obligations arising before they take effect and, in particular, do not affect Agreements already entered into, being performed or completed.
- If the Customer does not accept the new Terms and Conditions, the Customer may terminate the Agreement at any time by submitting an appropriate statement to the Organizer. Bookings and Agreements entered into before amendments take effect are performed under the previous wording.
- Correction of obvious typographical, calculation or other obvious errors does not constitute an amendment and may be made at any time.
- A Consumer may ask the Organizer to agree individual provisions. If the Organizer refuses, the Consumer may use the Game only after accepting the existing wording.
- The Organizer does not apply codes of good practice.
- The Consumer provisions in this section also apply to an Entrepreneur with consumer rights.
§ 15 Final provisions
- The Organizer is liable for non-performance or improper performance of the Agreement and electronically supplied service agreements. For such agreements entered into with Customers who are Entrepreneurs, the Organizer is liable only for intentional damage and only within the limits of the Entrepreneur's actual loss, up to the remuneration paid by the Entrepreneur to the Organizer under the Agreement.
- If any provision of these Terms and Conditions or the Agreement is invalid or ineffective, this does not affect the validity or effectiveness of the remaining provisions. The parties will replace the invalid or ineffective provision with one that most closely reflects its economic purpose.
- If these Terms and Conditions or an Agreement contains provisions less favorable to a Consumer than mandatorily applicable law, those provisions are invalid and the relevant mandatory provisions apply instead. The remaining provisions continue to bind the Consumer.
- Disputes arising from an Agreement or these Terms and Conditions are submitted to the court having jurisdiction over the Organizer's registered office, without prejudice to a Consumer's right to bring proceedings in accordance with generally applicable law.
- The Consumer provisions in this section also apply to an Entrepreneur with consumer rights.
- These Terms and Conditions take effect on publication on the Organizer's Website.
- Matters not regulated by these Terms and Conditions are governed by the Polish Civil Code.