TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE ONLINE STORE „TWOCONTINENTS” RUN BY „HUBERT PLESKOT” of 4th September 2024

The following terms are used in the Terms and Conditions:

I. Definitions

  • 1. Customer – individual, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store;
  • 2. Polish Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, pos. 93 as amended);
  • 3. Terms and conditions – these Terms and Conditions of providing services by electronic means within the online store “TWOCONTINENTS” run by “HUBERT PLESKOT”, TIN PL9522193787, 16A Kazimierza Króla Street, 04-854 Warsaw.
  • 4. Online store (Store) – website available at [twocontinents.com/en], through which the Customer may, in particular, place Orders;
  • 5. Goods – products presented in the Online Store:
    • a) short-term apartment rentals;
    • b) buying tourist information on airline tickets;
    • c) buying tourist information on stays in a particular place;
    • d) buying of tour packages;
    • e) buying individual tourist services, i.e., optional tours like Safari;
    • f) buying tickets to various attractions;
    • g) buying airline tickets;
    • h) buying a customized vacation planning service;
    • i) buying guidebooks in electronic PDF form;
    • j) buying organized trips.
  • 6. Sales agreement – sales agreement of Goods within the meaning of the Civil Code, concluded between “Hubert Pleskot” and the Customer, made using the online service of the Store.
  • 7. Polish Act on special conditions of consumer sales – Act of July 27, 2002 on special conditions of consumer sales and amendments to the Civil Code (Journal of Laws No. 141, pos. 1176 as amended);
  • 8. Act on the providing of services by electronic means – Act of July 18, 2002 on the providing of services by electronic means (Journal of Laws No. 144, pos. 1204, as amended);
  • 9. Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
  • 10. Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of July 18, 2002 on the providing of services by electronic means (Journal of Laws No. 144, pos. 1204 as amended).

II. General Provisions

2.1. These Terms and Conditions set out the rules for the use of the online store available at https://twocontinents.com/en.

2.2. These Terms and Conditions are the rules and regulations referred to in Article 8 of the Polish Law on Provision of Electronic Services.

2.3. The online store, operating at https://twocontinents.com/en/ is run by “Hubert Pleskot” TIN PL9522193787, 16A Kazimierza Króla St., 04-854 Warsaw.

2.4. These Regulations set out in particular:

  • a) terms and conditions for making electronic reservations for services available through the online store;
  • b) the terms and conditions for placing electronic Orders within the online store;
  • c) the principles of concluding Sales Agreements using the services provided by the Online Store.

2.5. The use of the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

  • a) Web browser in the indicated version or later: Chrome version 69.0.3497.100, Firefox version 62.0.2, Safari version 11.1, Opera version 55.0.2994.44, Microsoft Edge version 42.17134.1.0;
  • b) Mobile devices: 2GB RAM iPhone/iPad running iOS 11 or later; Tablet/smartphone running Android 4.1 (or later) with Chromium 69 (or later) compatible browser e.g. Chrome 69, Samsung Browser 10.1, width at least 420 px;
  • c) a minimum screen resolution of 1920 x 1080 pixels.

2.6. In accordance with applicable Polish laws, “Hubert Pleskot” reserves the right to limit the providing of services through the Online Store to persons over the age of 18. In this case, potential customers will be notified of the above.

2.7. Customers may access these Terms and Conditions at any time through the link provided on the home page of the website and download and take a printout.

2.8. Information about the Goods and Services provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, as defined in Article 71 of the Polish Civil Code.

III. Rules of using the Online Store

3.1. “Hubert Pleskot” may deprive the customer of the right to use the Online Store, as well as may restrict his access to part or all of the resources of the Online Store, with immediate effect, in case of violation of the Regulations by the customer, and in particular when the customer:

  • a) provided for purchase data that is false, inaccurate or outdated, misleading or violating the rights of third parties;
  • b) committed through the online store a violation of the personal rights of third parties, in particular the personal rights of other customers of the online store;
  • c) commits other behavior that will be considered by the Store as incompatible with applicable laws or general rules of Internet use or detrimental to the good name of “Hubert Pleskot”.

3.2. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.

3.3. The customer shall, in particular:

  • a) not to provide or transmit content prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties;
  • b) use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices;
  • c) not to take actions such as: sending or posting unsolicited commercial information (SPAM) within the Online Store;
  • d) use the Online Store in a manner that is not disruptive to other customers and to “Hubert Pleskot”;
  • e) use any content posted within the Online Store only for your own personal use;
  • f) use the Online Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

IV. Procedure for Conclusion of the Sales Agreement

4.1. In order to conclude a Sales Agreement through the Online Store, you must enter the website, make a selection of goods or services, taking subsequent technical actions based on the messages displayed to the Customer and the information available on the website.

4.2. The Customer's selection of the ordered Goods or Services is made by adding them to the shopping cart.

4.3. In the course of placing an Order - until pressing the “Buy and Pay” button - the Customer has the possibility to modify the entered data and in the selection of Goods. To do this, follow the messages displayed to the Customer and the information available on the site.

4.4. After the Customer using the Online Store has provided all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include information on:

  • a) the goods/services ordered;
  • b) the unit and total price of the ordered products or services, including delivery costs and additional costs (if any);
  • c) the selected method of payment;
  • d) the selected method of delivery;
  • e) delivery time.

4.5. In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the “Buy and Pay” button.

4.6. The Customer's sending of the Order constitutes a declaration of intent to conclude a Sales Agreement with “Hubert Pleskot”, in accordance with the content of the Regulations.

4.7. Once the Order has been placed, the Customer will receive an email titled Order Summary, which contains the final confirmation of all relevant elements of the Order.

4.8. The Sales Agreement shall be considered concluded at the time of payment by the Customer and upon receiving at the e-mail address Instructions for the Purchased Goods/Services.

4.9. The Order Summary itself is not the conclusion of a contract.

4.10. The contract of sale is concluded in the English language, with the content in accordance with the Regulations.

V. Delivery/Execution of the Order

5.1. Delivery of the Goods shall be made to the address indicated by the Customer when placing the Order.

5.2. Delivery of ordered Goods is carried out by courier service or other delivery methods such as delivery by own transport or the possibility of personal collection or by e-mail in the case of digital goods (e.g. entrance tickets). Instructions for the ordered services are sent to the email address provided in the Order.

5.3. The processing time of the order is from 1 to 3 working days counting from the day of sending the Order by the Customer.

5.4. Customers may access these Terms and Conditions at any time through the link provided on the home page of the website and download and take a printout of them. Recording, securing, making available and confirming to the Customer the significant provisions of the Agreement for sale of Goods or Services shall be done by sending to the Customer at the email address provided and by attaching to the parcel containing the Goods a printout of the confirmation, the Order specification and the VAT invoice.

VI. Prices and Payment Methods

6.1. The prices of the Goods and Services shall be quoted in the currency selected by the customer and shall include all components, including VAT (highlighting the rate, if applicable) and any other components.

6.2. The customer has the option to pay for the order:

  • a) by bank transfer to the bank account number 94 1090 1753 0000 0001 4190 5521;
  • b) payment in the ZEN system;
  • c) payment by payment card commission charged on Visa, Mastercard, Maestro Secure cards.

6.3. Settlement of transactions made via electronic payments is carried out through ZEN.com.

6.4. The Seller shall inform the Customer on the Store's website of the deadline within which the Customer is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment with setting an appropriate time limit, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VII. Right to Withdraw from the Sales Agreement

7.1. The Customer, being a consumer within the meaning of Article 22[1] of the Polish Civil Code, has - based on the provisions of the law - the right to withdraw from the agreement concluded remotely, without giving any reason, by making an appropriate statement electronically, within 14 days and sending it to the correspondence e-mail address of “Hubert Pleskot”: [email protected].

7.2. The 14-day period shall be counted from the date of delivery of the Goods or 14 from the date of conclusion of the Agreement, and shall apply to the consumer as long as the service has not started.

7.3. The consumer's right of cancellation is excluded in the following cases:

  • “Desert Safari”, ‘Jetski at Burj Al Arab’, ‘Jetcar’ - cancellation possible up to 24 hours before the scheduled date of the attraction;
  • “Stopover in Dubai”, ‘Airport Transfers to/from Abu Dhabi’, ‘Arabian Costume and Flying Dress Rental’, ‘Abu Dhabi Grand Mosque - Group Tour’, ‘Dubai Sightseeing - Private Tour’, ‘Abu Dhabi Sightseeing - Private Tour’, ‘Ferrari World & Grand Mosque Tour’ - cancellation possible up to 48 hours before the scheduled date of the attraction;
  • “Helicopter Flight over Dubai”, ‘Helicopter Flight over Abu Dhabi’, ‘Sky Views Edge Walk’ - cancellation possible up to 72 hours before the scheduled date of the attraction;
  • “Balloon Flight”, ‘Burj Khalifa - 124, 125, 148, and 154 VIP floor’ - cancellation possible up to 96 hours before the scheduled date of the attraction;
  • “Dubai City Tour - shared tour”, ‘Old Dubai - shared tour’, ‘New Dubai - shared tour’, ‘Yacht Cruise’, ‘Abu Dhabi Full Day Tour - shared tour’ - cancellation possible up to 5 days before the scheduled date of the attraction;
  • “Photo session” - cancellation possible up to 10 days before the scheduled attraction.

7.4. Services that, due to their nature, cannot be returned, i.e.: “Ain Dubai - Ferris Wheel”, ‘Sky Views Observatory’, ‘Atlantis Aquaventure’, ‘Museum of the Future’, ‘The View - Palm Jumeirah’, ‘Wild Wadi Aquapark’, ‘Ski Dubai’, ‘Butterfly Garden’, ‘Xline Dubai Marina’, ‘Ferrari World Abu Dhabi’, ‘Miracle Garden’, ‘Dubai Frame’, ‘Qasr Al Watan’, ‘Louvre Abu Dhabi’, ‘Aura Skypool’, “Lost Chambers Aquarium”, ‘La Perle DXB’, ‘AYA Universe’, ‘The Green Planet Dubai’, ‘Warner Bros World Abu Dhabi’, ‘IMG Worlds of Adventure’, ‘Yas Waterworld Abu Dhabi’, ‘SeaWorld Yas Island’, ‘Dubai Parks and Resorts’, ‘Motiongate Dubai’, ‘Glow Garden’, ‘Dubai Crocodile Park’, ‘Museum of Illusions’, ‘Madame Tussauds Dubai’, “Dubai Mall Aquarium & Zoo”, ‘Dubai Safari Park’, ‘Legoland Dubai’, ‘Yas Island Parks Abu Dhabi’, ‘Real Madrid World’, ‘Skydiving in Dubai’, ‘Dubai Fountain’, ‘Dolphin Bay Atlantis’, ‘Balloon flight at Atlantis Hotel’, ‘Jebel Jais Zipline’, ‘Dubai Dolphinarium’, ‘Dubai Ice Rink’, ‘Expo City Dubai’, ‘Flying Cup’, “Global Village”, ‘Inside Burj Al Arab Tour’, ‘3D World Selfie Museum’, ‘Paramotor Adventure Tour’, ‘Play DXB Dubai’, ‘The Palm Monorail’, ‘Wild Wadi Water Park’, ‘Al Shindagh Museum’, ‘Dhow Cruise Dinner - Marina’, ‘Dhow Cruise Dinner - Creek’, ‘Surf High Experience’, ‘Black Boat Tours’, ‘Yellow Boats Dubai’.

7.5. For “package holidays” and “apartment rentals” services, the cancellation rules contained in the General Terms and Conditions of Participation for “package holidays” and the “Short Term Rental Regulations” for “apartment rentals” apply, which are presented at the time of booking.

7.6. In the case of withdrawal from a sales agreement concluded at a distance, the agreement is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within 14 days.

VIII. Complaints regarding the providing of electronic services and the services provided

8.1. “Hubert Pleskot” shall take steps to ensure fully correct operation of the Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by customers.

8.2. The customer is obliged to immediately notify “Hubert Pleskot” of any irregularities or interruptions in the functioning of the Online Store service.

8.3. Irregularities related to the functioning of the Store, the Customer may report in writing to the address: Hubert Pleskot, 16A Kazimierza Króla Street, 04-854 Warsaw, by email at [email protected] or by using the contact form.

8.4. In a complaint, the customer should provide his name, mailing address, type and date of occurrence of irregularities related to the operation of the Store.

8.5. Complaints are subject to sold Goods. In order for the complaint to be considered the complaint should contain a detailed description of the type of inconsistency, the date of its occurrence, the Consumer's request, order number and contact information, which will facilitate the complaint procedure.

8.6. The response to the complaint is sent to the e-mail address, mailing address provided by the Customer.

8.7. A sample Complaint form will be made available upon request.

8.8. “Hubert Pleskot” is committed to consider any complaint within “up to 14 days, and if this is not possible, to inform the customer within this period when the complaint will be considered.”

IX. Final provisions

9.1 Settlement of possible disputes arising between “Hubert Pleskot” and the Customer, who is a consumer within the meaning of Article 22[1] of the Polish Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Polish Civil Procedure Code.