ONLINE RESERVATION REGULATIONS

§1

Definitions

Terms used in the following regulations:

  1. Personal data controller - PLAN B sp. z o.o. with its headquarters in Warsaw, address: ul. Garażowa 5, 02-651 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register under KRS number 0000757267, tax identification number (NIP) 521-384-57-70, REGON number 381779749, with a share capital of 60000 Polish zloty (further referred to as to PLAN B), phone number 22 121 1945, e-mail address: biuro@planb.waw.pl
  2. Price – amount expressed in Polish zloty (PLN), indicated in the Reservation Form, based on the day of the week and the number of Players participating in the game or the equivalent of the Voucher entitling for a game in the Escape Rooms.
  3. Reservation Form – indicates a Form available on the Website, allowing the Client to make a Reservation, in particular by providing their personal data and determining the conditions of the Event, indicated in this form
  4. Client – indicates a person who makes a Reservation
  5. Regulation – indicates this document determining the rules of the Event Reservation via Reservation Form available on the website escapegameover.pl, as well as the rights and obligations of the Service Provider and the Clients.
  6. Reservation – indicates declaration of the will of the Client made via Reservation Form, determining the conditions of the Event indicated in it and aiming directly to conclude an Agreement with the Service Provider.
  7. Escape Rooms – indicates the Game Over Escape Rooms – Warsaw, located on ul. Garażowa 5, 02-651 Warsaw, in which the games are offered.
  8. Website – indicates all the functionalities made accessible by the Service Provider on the website https://escapegameover.pl,including those enabling a Client the possibility to make a Reservation.
  9. Event – indicates participation in the Game on a particular day and established time.
  10. Game – indicates a service provided by the Service Provider after paying the Price, under conditions determined in the Reservations and the Game Over Escape Rooms – Warsaw – Regulations, consisting of bringing the participants into an escape room available in the Escape Rooms, solving the riddles by the participants or performing tasks necessary to exit the room before scheduled time.
  11. Service Provider – indicates PLAN B
  12. Act on Consumer Rights – indicated the act of the day of May 30th, 2014 (consolidated text of the Journal of Laws of 2017, Item 683).

 

§2

Introduction

  1. The Regulation determines the rules of Website functioning, making Reservation, the right and obligations of the Clients, as well as the rights, obligations and scope of responsibilities of the Service Provider as a Website managing and operating entity.
  2. The provisions of the Regulation do not infringe any customer rights resulting from the Civil Code and the Act on Consumer Rights.
  3. Unless otherwise stated in the provisions of the Regulation, the exclusive rights to content shared on the Website, in particular copyrights, symbols and trademarks of the Service Provider, any word or visual element of the Website and other intellectual property rights are under legal protection, to which the Service Provider, or entities, with which the Service Provider has made applicable agreements, are entitled.
  4. The Service Provider undertakes actions in order to ensure proper functioning of the Website in the scope that follows from current technical expertise and commits to correct within reasonable time all the failures reported by the Clients.

 

§3

Terms of use of the Website, making and execution of a Reservation

  1. The Website is run by the Service Provider
  2. The Website enables the Client to make a Reservation.
  3. Each Client is obliged to read the content of this Regulation as well as Game Over Escape Rooms – Warsaw – Regulation prior to making a Reservation (documents are available at https://escapegameover.pl/
    regulations
    and can proceed with the Reservation only after accepting all the conditions.
  4. The Clients have a right to access this Regulation as well as Game Over Escape Rooms – Warsaw – Regulations anytime they wish without having to pay any fees. The documents are available at https://escapegameover.pl/
    regulations
  5. The Client makes a Reservation on the Website through the Reservation Form by:
    1. Choosing a room, available date and time of the Event, language of the game, total number of the Players taking part in the Event and payment method
    2. Providing e-mail address and phone number (obligatory)
    3. Stating that they have read and accept all the provisions of the Online Booking Regulations as well as Game Over Escape Rooms – Warsaw – Regulation (obligatory)
  6. The Client can make a Reservation on the Website, choosing the option ‘pay now’ or ‘pay later’.
  7. In case of the option ‘pay now’, making a Reservation is understood as filling out the Reservation Form available on the Website and sending it through the option ‘Make a reservation and pay now’ as well as paying the price via Przelewy24 or a Voucher.
  8. In case op option ‘pay later’, making a Reservation is understood as filling out the Reservation Form available on the Website and sending it through the option ‘Make a reservation and pay later’.
  9. After making a Reservation:
    1. Specified in paragraph 7, the Client will immediately receive a confirmation on the e-mail address provided by them while making a Reservation, with a request to make a payment within an hour. If the Client:
      1. Will pay for the reservation before an hour, they will immediately receive a payment confirmation and a Reservation confirmation,
      2. Will not pay for the Reservation within an hour, the Reservation will be automatically cancelled,
    2. Specified in paragraph 8, the Client will immediately receive a confirmation on the e-mail address provided by them while making a Reservation, with an information that it is necessary to pay it in the Escape Rooms before starting the game.

The agreement is concluded for a specified period of time, that is until the end of the Event, subject to paragraph 10 below.

  1. In case of the Client’s failure to appear on the specified day and time, the Reservation will expire and the agreement terminates. If the Reservation has already been paid, the Client is not entitled for a refund.

 

§4

Price

  1. The Price for making a Reservation for an Event is indicated in the Reservation Form and depends on the total number of players. If the actual number of players exceeds the number indicated in the Reservation, the Client will be obliged to pay the Price for the actual number of players.
  2. All Prices given on the Website are gross values expressed in Polish zloty (PLN) with VAT included.
  3. The Price given at each Reservation is binding at the time of making a Reservation by the Client. The Website reserves the right to change the Prices of the offer, making and cancelling promotion campaigns as well as introducing changes into existing promotions. Price change does not concern Reservations that have already been made.
  4. The possibility to make an Event Reservation through the Reservation form is provided without any fees. It is one-off and terminates upon making a Reservation or its cessation made by the Client.

 

§5

Payment methods and deadlines

  1. Payment for the Event can occur:
    1. While making a Reservation – option ‘pay now’
    2. In the Escape Rooms, immediately before the Event – option ‘pay later’.
  1. In case of the option ‘pay now’, there are two possible payment methods:
    1. Via website Przelewy24.pl or
    2. By a voucher
  1. If an Agreement payment occurs via website Przelewy24.pl, the possible payment methods are specified on the website https://www.przelewy24.pl/
    eng/payment-methods. Electronic payments and payments made by a payment card are handled by the paying agent: Przelewy24.pl – Dialcom24 Sp. z o.o. with its headquarters in Poznań, Poland (headquarters address: ul. Kanclerska 15; 60-327 Poznań, Poland) entered into entered into the Register of Entrepreneurs of the National Court Register under the number 0000306513, kept by the District Court in Poznań – Nowe Miasto and Wilda, with a share capital of 1697000 PLN, fully paid, NIP: 781-173-38-5.
  2. In case of the option ‘pay later’, the payment is made in the Escape Rooms before starting the Event by:
    1. Cash or
    2. a payment card or
    3. a Voucher.

 

§6

Complaints

  1. The Client can make a complaint in three ways:
    1. In person in the headquarters of the Service Provider - ul. Garażowa 5, 02 - 651 Warsaw,
    2. In writing at the following address - ul. Garażowa 5, 02 - 651 Warszawa
    3. In an electronic form at the e-mail address biuro@planb.waw.pl
  1. The complaint has to include at least the following information:
    1. Company name/Name and surname of the Client,
    2. headquarters/address of the Client and the correspondence address,
    3. detailed description of the subject of the complaint,
    4. name, surname, address, phone number and e-mail address of a person for contact indicated by the Client
  1. Complaints will be considered within 30 days from the day of its receipt.
  2. The Client can use out-of-court methods of considering complaints and redressing, in particular they can:
    1. Turn to Voivodeship Inspectorate of Trade Inspection with a request to conduct a mediation procedure for an amicable settlement of a dispute,
    2. Turn to Permanent Consumer Arbitration Court, operating by the Voivodeship Inspectorate of Trade Inspection, with a request to settle a dispute resulting from a conducted agreement,
    3. Ask a regional or municipal consumer ombudsman or social organisation, whose core task is customer protection (such as Consumer’s Association), for free legal aid.
  1. More information concerning out-of-court methods of considering complaints and redressing as well as rules of access to the procedures can be obtained at the following headquarters and websites:
    1. Regional (municipal) consumer ombudsmen;
    2. social organisation, whose core task is customer protection
    3. Voivodeship Inspectorate of Trade Inspection
    4. At the following address of the Office of Competition and Customer Protection: https://www.uokik.gov.pl/
      consumer_protection3.php
    5. In case of cross-border, aid is provided by European Consumers Centres Network. Addresses of these institutions can be found on the website (available in Polish): www.federacja-konsumentow.org.pl.
  1. Using out-of-court methods of considering complaints and redressing is of a voluntary nature and depends on a consent from both parties of the matter.
  2. According to the rules of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), a consumer concluding a distance agreement has a right to use the European online dispute resolution platform (‘ODR Platform’)
  3. Platforma ODR ma na celu ułatwiać niezależne, bezstronne, przejrzyste, skuteczne, szybkie i sprawiedliwe pozasądowe rozstrzyganie przez Internet sporów między konsumentami a przedsiębiorcami z wszystkich krajów Unii Europejskiej w przypadku umów zawieranych na odległość.
  4. The ODR Platform aims to simplify independent, unbiased, clear, efficient, quick and fair out-of-court online dispute resolution between consumers and entrepreneurs from all countries of the European Union in case of distance agreements.
  5. Electronic link to the ODR Platform: ec.europa.eu/consumers/odr/
  6. At the same time, we encourage to directly contact the Service Provider at the Escape Rooms.

 

§7

Agreement withdrawal and Reservation cancellation

  1. The Client is not entitled to withdraw from an Agreement. On the basis of Art. 38(12) on consumer rights, a right to withdraw from an agreement concluded outside the headquarters of the company or at a distance is not given to the consumer with regard to the agreement for providing services related to entertainment, sports or cultural events, if a date or period of the service has been indicated in the agreement.
  2. Subject to paragraph 1 above, a Client can cancel a Reservation:
    1. Anytime, if they have chosen to pay in the Escape Rooms directly before the Event,
    2. Not later than 72 hours before the reserved date of the Event, if they have chosen to pay online via Website Przelewy24.pl or by a Voucher.
  3. In case of cancelling a reservation:
    1. The Client is entitled for a refund – if the Reservation has been paid in a method other than by a Voucher,
    2. The Client is entitled to use the Voucher to pay for a Reservation at a different date, but no longer that within a period of validity of the Voucher, which is 12 months, starting from the day of its purchase.
  4. A Client can cancel a Reservation only by using a link provided in a Reservation confirmation e-mail.
  5. In case of cancelling a Reservation, mentioned in paragraph 3, item 1, the Price for the Event will be refunded within seven working days to a Client’s bank account, that has been used to pay for the Reservation.
  6. In case of cancelling the Reservation or not paying for it, the Service Provider is released from the execution of the Event.

 

§8

PRIVACY POLICY

 

Part One

Personal Data Protection

 

In accordance with Article 13 of the General Data Protection Regulation (GDPR), we inform that:

  1. [Data controller]
    Your personal data is controlled by PLAN B. You can contact the administrator via the following e-mail address: biuro@planb.waw.pl, or in writing at the address of Data controller.

 

  1. [Purposes of data processing, legal bases for processing and legitimate interests conducted by the Data controller.]
    Data controller will process your personal data pursuant to art. 6(1)(a) and (f), in order to:
    1. perform the contract
    2. directly market our services
    3. handle your requests, demands and complaints,
    4. to fulfil the legal obligation incumbent on the Data controller.

 

  1. [Personal data recipient]
    The Data controller will not entrust the data to other personal data recipients, unless the above-mentioned obligation is based on the law and is conducted within the limits of applicable legal rules.

 

  1. [Entrusting the data to the third country or international organisation]
    Your personal data will not be entrusted to the recipients in the countries outside of the European Economic Area.

 

  1. [Personal data storage]
    Your personal data will be stored for the maximum period of three years, starting from the day of completing the activities connected to the games offered in the Game Over Escape Rooms – Warsaw by the Data controller.

 

  1. [Rights of the data subject]
    You are entitled to demand access, change, removal and processing restriction of your personal data from the Data controller as well as to object to the data processing and to transfer the data.

 

  1. [Right to lodge a complaint to a supervisory authority]
    You are entitled to lodge a complaint to a supervisory authority dealing with personal data protection (President of the Personal Data Protection Office).

 

  1. [Voluntary character or obligation to present the data and their consequences]
    Presenting your personal data is voluntary, yet necessary in order to use the games offered by the Data controller.

 

Part Two

Website Safety Policy

 

  1. [General Information]
  1. Operator of the Website http://www.escapegameover.pl/ is PLAN B sp z o.o. You can contact the Operator via the following e-mail address: biuro@planb.waw.pl, or in writing at the address of the Operator headquarters.
  2. The Website gathers information concerning users and their activities as follows:
    1. By entering information via online forms (voluntary)
    2. By cookie files, saved in terminal equipment
    3. By collecting the WWW server logos
  1. [Information concerning the online forms]
    1. The Website collects the information that has been voluntarily been given by the user.
    2. The Website may also save the information concerning connection parameters (time indication, IP address).
    3. The data entered into the online form will not be shared with any third party, unless the user agrees to do so.
    4. The data entered into the online form are processed for the purposes following from the function of the particular form (for example in order to handle a reservation).
    5. The data entered into some of the forms may be shared with entities performing chosen services – in particular it concerns entrusting information about an owner of a registered domain to the entities being operators of a domain name (primarily Research and Academic Computer Network (pol. Naukowa i Akademicka Sieć Komputerowa – NASK), services handling payments and other entities, with which the Website Operator cooperates in this respect.
  2. [Information concerning cookie files]
    1. The Website uses cookie files.
    2. Cookie files are IT data, in particular text files, which are stored in the terminal equipment of the Website User and are intended for using the Website. Cookie files usually contain the name of the website, which they come from, time of storage in the terminal equipment and their unique number.
    3. The entity placing cookie files in the Website User’s terminal equipment and gaining access to the files is the Website operator.
    4. Cookie files are used for the following purposes:
      1. To create statistics that help to understand how Website Users use websites, which enables improvement of its structure and content;
      2. To keep the Website User’s session (after logging in), so that the user does not have to enter their login and password each time they open a subpage;
      3. To determine the User profile in order to display matched material in advertising networks, in particular Google network.
    5. Two primary types of files are used within the Website: session cookies and persistent cookies. Session cookies are temporary files, that are stored in the terminal equipment of the User until they log out, leave the website or switch off the software (web browser). Persistent cookies are stored in the terminal equipment of the User for a period of time specified in cookie files parameters or until they are removed by the User.
    6. Software used for browsing the internet (web browser) usually allows storage of cookie files in the terminal equipment of the User by default. Users of the Website can change the settings in this area. The Website enables removal of cookie files. It is also possible to block the cookie files automatically. Detailed information in this matter can be find in help section or the documentation of the web browser.
    7. Restrictions of cookie files usage can influence certain functionalities available on the Website.
    8. Cookie files placed on the terminal equipment of the Website User and may be used also by the advertisers and partners cooperating with the Website operator.
    9. We highly recommend reading privacy protection policies of these companies in order to learn about principles for the use of cookie files used in the statistics: Google Analytics privacy protection policy
    10. Cookie files can be used by advertising networks, in particular by Google network, in order to display advertisements adjusted to the way a User uses the Website. For that purpose, the information concerning navigation path of the user or the time spent on a particular website may be kept.
    11. 11) Within the information concerning user preferences collected by the Google advertising network a user may review and edit the information resulting from cookie files using the following tool:https://www.google.com/ads/preferences/
  3. [Server logs]
    1. Information concerning certain activities of the user are saved in the server layer. These data are used only for the purpose of administration of the Website and to ensure efficient hosting service.
    2. The data viewed is identified via the URL. Moreover, the following information may be saved:
      1. Request time,
      2. Response time,
      3. Customer station name – identification conducted via Hypertext Transfer Protocol (HTTP),
      4. Reports concerning errors that arose during http transaction execution,
      5. HTTP referer – in case the entrance into the Website has been done through a link,
      6. Information concerning user web browser,
      7. Information concerning IP address,
    3. The data listed above is not associated with any specific person browsing the web.
    4. The data above is used only for the purpose of website administration.
  4. [Data sharing]
    1. The data may be shared with a third party only within the legal limits.
    2. Data enabling identification of a natural person may be shared only with the consent of that person.
    3. The operator may be obliged to share information collected by the Website with an authorised body on the basis of legal demand and within its limits.
  5. [Cookie files management – how to give and withdraw consent in practice?]
    1. If a user wishes not to receive cookie files, they may change web browser settings. We make a reservation, that switching off the handling of cookie files required for the processes of authentication, security, keeping user preferences may make the usage of web pages difficult, or, in extreme cases, it may make it impossible.
    2. In order to manage cookie files settings, use the manual linked below (website available in Polish only): https://jakwylaczyccookie.pl/
      jak-wylaczyc-pliki-cookies/

     § 9

    Final provisions

    1. In all matters not regulated in this Regulation, the legal rules applicable for the Republic of Poland, in particular the Civil code and the Act on consumer rights apply.
    2. Settling any disputes that arise between the Service Provider and the Client (being a consumer within the meaning of the Paragraph 221 of the Civil code) will be passed to competent courts according with the resolution of the general Polish law.
    3. Settling any disputes that arise between the Service Provider and the Client (not being a consumer within the meaning of the Paragraph 221 of the Civil code) will be passed to competent courts according to the headquarters of the Service Provider.
    4. The Service Provider is entitled to unilateral change of the Regulations in case of:
    1. Organisational or legal changes of the Service Provider,
    2. Change of legal rules applicable for the Website,
    3. Website functionality changes, with a reservation, that any changes in the Regulations aim to adjust the content of the Regulations to its functionality.

    Change of the Regulations does not refer to agreements concluded before the change and it does not alter its content and conditions.

    1. The current version of the Regulations is published on the Website and can be provided to the Client upon their request (free of charge).
    2. The Regulation has been approved by the resolution if PLAN B Management Board number 3 of the day of February 28th, 2019 and shall enter into force on the day of March 1st, 2019.