TERMS OF SERVICE FOR ELECTRONIC SERVICES

within the website www.gramiejskakrakow.pl

General Provisions

Whenever the following terms are mentioned in the Regulations, they shall be understood as:

• Ticket – an electronic ticket that entitles the Client to participate in a themed game organized by the Service Provider, at a chosen time and for a specific price;
• Client – a natural person at least 18 years of age with full legal capacity, entering into a ticket purchase agreement with the Service Provider not directly related to their business or professional activity (consumer within the meaning of the Act of May 30, 2014, on Consumer Rights); a legal person; an organizational unit without legal personality but capable of acquiring rights and incurring obligations on its own behalf; an entrepreneur within the meaning of the Act of April 23, 1964, Civil Code; an entrepreneur with consumer rights – a natural person entering into a contract directly related to their business activity when the content of this contract indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available under the provisions on the Central Registration and Information on Business;
• Newsletter – a service consisting of providing Digital Content to the Client, involving the receipt by the Client via electronic means at the provided e-mail address of commercial information regarding Services provided by the Service Provider, including in particular information about its offer, promotions, discounts, and other marketing campaigns, on the terms set out in the Regulations;
• Opinion – an opinion or references issued at the request of the Service Provider in writing or electronically by the Client after using the Service, placed by the Service Provider on the Website;
• Product – stationary and online themed games organized by the Service Provider and vouchers that can be purchased on the Website. The Service Provider does not use price personalization for Products presented on the Website;
• Regulations – this document defining the terms of providing electronic services by the Service Provider, i.e., general terms regarding themed game session reservations, purchase of tickets for a themed game, terms of using vouchers, and the newsletter service, available on the Website in an electronic form allowing for printing;
• Digital Content – the newsletter presented on the Website produced and delivered to the Client in digital form (e.g., jpg, pdf file, etc.), not covered by an agreement obliging the transfer of ownership of goods with digital elements (e.g., newsletter, a themed game of a selected type, voucher, etc.);
• Digital Service – an online themed game organized by the Service Provider presented on the Website;
• Services – services in the field of Product sales, including Digital Content and Digital Services, provided by the Service Provider electronically via the Website, constituting an electronic service provided at a distance, i.e., without the simultaneous presence of the parties within the meaning of the Act of July 18, 2002, on the Provision of Electronic Services, such as: reservation of a themed game session or reservation of a session and sale of tickets for a themed game, sale of a voucher, sending a newsletter, providing a contact form, providing digital content for a fee or free of charge;
• Service Provider – Gamescape spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, ul. Kościuszki 74, Krakow 30-114, KRS: 0000666086, NIP (Tax ID): 6751584536, REGON: 3366698296, phone: +48 789 315 401, e-mail: hello@gamescape.pl;
• Voucher – a Service consisting of providing the Client with a type of bearer commodity coupon of the face value indicated therein, entitling payment for a Service provided by the Service Provider, on the terms set out in the Regulations;
• Website – the website administered by the Service Provider located on the Internet at www.gramiejskakrakow.pl intended for the presentation of the Service Provider’s offer and the making of reservations and orders (provision of Services on the terms set out in the Regulations);
• Order – a declaration of the Client’s will leading to the conclusion via the Website of a ticket or voucher purchase agreement indicating the tickets or voucher of a specific type and quantity selected by them. The Service Provider does not conduct wholesale through the Website.

These Regulations are an integral part of the reservation agreement and the reservation and ticket purchase agreement concluded by the Service Provider with the Client. Acceptance of the Regulations is voluntary but necessary to conclude the contract.

The Client may contact the Service Provider via: e-mail at hello@gamescape.pl, or in writing to the Service Provider’s registered office address at ul. Kościuszki 74, 30-114 Krakow. The contact form placed on the Website does not meet the requirements of a durable medium within the meaning of the law and does not guarantee the preservation of written correspondence.

Information about the Services in the Service Provider’s offer placed on the Website constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, in accordance with the content of the Regulations.

The Client is obliged to use the Website in a manner consistent with the law and the provisions of the Regulations, not interfering with the functioning of the Website and not burdensome for the Service Provider.

The name, logo, descriptions of Products, and other objects of the Service Provider’s copyrights constitute legally protected property, and any use thereof without obtaining prior written consent from the Service Provider is prohibited.

Terms of Service Provision

1. The Client may make a reservation for a themed game session or a reservation for a themed game session with the simultaneous purchase of tickets.
2. Reservations can be made online via the website www.gramiejskakrakow.pl or during the Service Provider’s working hours via e-mail to hello@gamescape.pl, by phone, or in person at the Service Provider’s office at ul. Kościuszki 74, 30-114 Krakow.
3. In order to make a reservation for a themed game session, the Client should:
   • select the themed game as well as the date and time of its performance in the appropriate tab directing to “Reservations” on the Website;
   • fill out the registration form with necessary data (providing data is voluntary but necessary to fulfill the Order);
   • select the form of payment for the ticket (among: transfer, cash, or card at the place of Service provision, or via Voucher);
   • read and accept the Regulations and the Service Provider’s Privacy Policy;
   • select the “Book” icon.
4. Confirmation of the correct completion of the themed game session reservation process by the Client is the receipt of a reservation confirmation sent to the e-mail address provided by the Client.
5. In the case of a successful reservation of a themed game session, the Client should pay for the tickets for the game covered by the reservation at the place of Service provision no later than 15 minutes before the start of the game.
6. If the Client does not pay for the tickets within the time indicated in point 5 above, the Service Provider does not guarantee the fulfillment of the reservation in question.
7. Reservations for a themed game session can also be made during the Service Provider’s working hours: in person at the place of Service provision, at the phone number indicated on the Website, or electronically at hello@gamescape.pl.
8. In order to make a reservation for a themed game session and purchase tickets for the themed game online, the Client should:
   • select the themed game as well as the date and time of its performance in the appropriate tab directing to “Reservations” on the Website;
   • fill out the registration form with necessary data (providing data is voluntary but necessary to fulfill the Order);
   • select the form of payment with the payment operator;
   • read and accept the Regulations and the Service Provider’s Privacy Policy;
   • read and accept the Regulations of the payment operator;
   • select the “Order” icon (placing an Order by clicking the “Order” icon involves an obligation to pay the price);
   • make payment via the payment operator; failure to make payment will result in the cancellation of the Order.
9. Confirmation of the correct purchase of a ticket by the Client is the receipt immediately after purchase (no later than within 24 hours) of a reservation confirmation along with the ticket, sent to the e-mail address provided by the Client (the ticket is in the message content).
10. The ticket constitutes the basis for a one-time participation in the themed game.
11. Ticket prices indicated on the Website are gross prices expressed in Polish zlotys and include the due VAT.
12. In the case of a student discount, the Client is required to have a valid student ID at the time of reservation or reservation and purchase of the ticket, and at the time of appearing to participate in the game. The ID must be presented to the Service Provider’s employee along with the ticket before the game starts. One student ID entitles the purchase of a discounted ticket for one person. The discount applies on business days (Mon-Fri).
13. The condition for the family discount is a reservation or reservation and purchase of tickets for a group consisting of 1 adult and at least one child. This discount does not apply to organized school groups, etc. The discount does not apply on Saturdays.
14. In the case of a discount based on the Client presenting a Large Family Card (Karta Dużej Rodziny) or other similar cards, the amount of the discount and the rules for granting it are determined in the regulations of the issuer of such cards.
15. The Client receives a sales document in the form of a receipt or a VAT invoice if, when placing the Order, they requested a VAT invoice and provided the NIP and other data necessary for this purpose in person or by sending them to: hello@gamescape.pl.

Technical Conditions for Using the Service

To correctly use the Website, the Client should have: a connection to the Internet, devices allowing for the use of Internet resources (computer, tablet, etc.), a basic operating system, and a browser (e.g., Firefox, Internet Explorer, etc.) enabling the display of hypertext documents on the device screen, linked on the Internet via the www network service and supporting JavaScript, with the option to accept cookies enabled, an active e-mail account, software enabling the opening of jpg files, and a mobile phone number.

The Service Provider informs that using the Website, despite the Service Provider’s use of technical security measures adequate to threats, may involve exposure to the introduction of computer viruses, so-called Trojan horses and others, and spam. To prevent such danger, it is recommended to take a cautious approach to programs from unknown sources, e-mail received from an unknown sender, and to install appropriate software protecting the computer against viruses.

Vouchers

1. The Service Provider offers various types of vouchers for sale subject to exchange for tickets allowing participation in themed games.
2. A voucher is a type of bearer commodity coupon of the face value indicated therein, entitling payment for a Service provided by the Service Provider.
3. In order to purchase a voucher, the Client should:
   • select the type of voucher in the “voucher” tab on the Website;
   • provide their first name, last name, and e-mail address (providing data is voluntary but necessary to fulfill the Order);
   • read and accept the Regulations and the Service Provider’s Privacy Policy;
   • read and accept the Regulations of the payment operator;
   • make payment via the payment operator (placing an Order by clicking the “Bon” icon involves an obligation to pay the price); failure to make payment will result in the cancellation of the Order;
   • send a payment confirmation to hello@gamescape.pl or wait for the payment to be verified by the Service Provider.
4. After the Service Provider receives confirmation of payment for the voucher, the Client will receive the voucher (in jpg format) along with an invitation to participate in a themed game to the provided e-mail address immediately after the transaction (no later than within 24 hours).
5. The voucher validity period is 90 days from the date of its purchase, and in the case of a state of epidemic or epidemic threat, the voucher validity period is 180 days.
6. The voucher entitles the purchase of a ticket for a themed game by using the voucher as a method of payment. For this purpose, the Client makes a reservation for a game session with the simultaneous intention to purchase a ticket by entering the code located on the voucher in the designated place in the registration form. After making the reservation, the Client will receive a confirmation of reservation acceptance and ticket purchase in the form of an electronic message sent to the address provided during the reservation.
7. A voucher is not an electronic payment instrument within the meaning of applicable law.
8. The voucher is not exchangeable for cash. The Client may use the voucher to use up the monetary limit indicated therein.
9. Monetary funds corresponding to the value of the Voucher are not subject to interest.

Opinions on Services Provided by the Service Provider

1. The Service Provider does not enable Clients to publish product opinions on the Website.
2. The Service Provider independently places Opinions on the Website regarding the performed Service, issued at its request by Clients after using the Service and sent in writing, electronically, or shared on social media portals such as LinkedIn, Facebook, etc., which constitutes verification of the origin of the Opinion from a Client who actually used the Service. Opinions regarding Services provided by the Service Provider placed by persons or entities on external portals not administered by the Service Provider are not verified by the Provider.
3. Opinions are not sponsored and do not affect the contractual relationship between the Client and the Service Provider.

Newsletter

1. The Client may use the free electronic service provided by the Service Provider in the form of a newsletter (digital content).
2. The newsletter service is provided at the Client’s request (after concluding a contract for the provision of electronic services) and involves the receipt by the Client via electronic means at the provided e-mail address of commercial information regarding Services provided by the Service Provider, including in particular information about its offer, promotions, discounts, and other marketing campaigns. The Service Provider decides on the frequency of sending the newsletter.
3. Using the newsletter service occurs after the Client provides their first name and e-mail address in the designated place on the Website or by checking the appropriate checkbox to receive commercial information and by reading and accepting the Regulations for the provision of services by the Service Provider and the Privacy Policy. Providing data is voluntary but necessary to fulfill the Service.
4. The newsletter service is provided for an indefinite period. The Client may at any time unsubscribe from the newsletter service by sending information to the Service Provider or by checking the appropriate checkbox in the electronic message received from the Service Provider.
5. The Service Provider may at any time cease providing the newsletter service and terminate the contract for important reasons, i.e.: as a result of changes in the provisions of applicable law regarding the provision of electronic services in a scope affecting the rights and obligations of the parties or changes in the official interpretation of these provisions (e.g., as a result of court judgments or interpretations issued by competent offices, etc.), changes in the scope of services provided by the Service Provider, or changes in the functionality of the Website. The Service Provider will inform the Client of the intention to cease the newsletter service at least 7 days in advance to the e-mail address indicated by the Client.
6. All rights to the content included in newsletters, including content constituting works within the meaning of copyright law, belong to the Service Provider and may not be disseminated beyond the Client’s own use without prior written consent.

Service Provider’s Liability for Compliance of Digital Content with the Contract and Consumer Rights

1. Digital Content or a Digital Service is compliant with the contract if, in particular, its description (e.g., description of an online themed game with provided content of the sent link, etc.), type (e.g., whether by ordering a specific online themed game the Client receives a link to the game and not to another Product, etc.), quantity, quality (e.g., whether the provided online themed game is possible to conduct electronically, etc.), completeness, functionality (e.g., whether the provided link to the online themed game allows participation in the online themed game, etc.), compatibility (e.g., whether the sent link to the online themed game works on software and devices commonly available or indicated by the Service Provider, etc.), and availability of support (e.g., the possibility of consulting with the Service Provider regarding the rules for launching and conducting the online themed game, etc.), fitness for a specific purpose required by the consumer, which the consumer notified the Service Provider of at the latest at the time of concluding the contract and which the Service Provider accepted (e.g., whether the online themed game is suitable for a specific number of people or people of a certain age, etc.), remain compliant with the contract.
2. Digital Content or a Digital Service is compliant with the contract if it is fit for the purposes for which Digital Content or Digital Service of this type is usually used, taking into account applicable law, technical standards, or good practices (e.g., whether the newsletter does not contain content other than commercial information, whether the online themed game has a plot with a puzzle that can be solved, etc.), occurs in such quantity and has features typical for Digital Content or Digital Service of this type and which the consumer can reasonably expect (e.g., whether the online themed game has a plot with a puzzle that can be solved, etc.), taking into account the nature of the Digital Content or Digital Service and public assurances made by the Service Provider on the Website (description of the online themed game).
3. The Service Provider is not liable for the lack of compliance of the Digital Content or Digital Service with the contract in the scope referred to in paragraph 2 if the consumer, at the latest at the time of concluding the contract, was explicitly informed that a specific feature of the Digital Content or Digital Service deviates from the compliance requirements set out in paragraph 2 and explicitly and separately accepted the lack of a specific feature of the Digital Content (e.g., lack of possibility to issue a voucher of a specific type, etc.) or Digital Service (e.g., change in the plot of the online themed game, etc.).
4. If the Digital Content or Digital Service is inconsistent with the contract, the consumer may demand it be brought into compliance (e.g., sending a correctly issued ticket, voucher, sending a correct link to the online themed game, etc.). The Service Provider may refuse to bring the Digital Content or Digital Service into compliance if bringing it into compliance is impossible (e.g., due to technical problems, etc.) or would require excessive costs for the Service Provider (e.g., due to the required repair technology, etc.). In assessing the excessiveness of costs for the Service Provider, all circumstances of the case are taken into account, in particular the significance of the non-compliance and the value of the Digital Content or Digital Service compliant with the contract.
5. The Service Provider brings the Digital Content or Digital Service into compliance with the contract within a reasonable time from the moment the Service Provider was informed by the consumer of the non-compliance, and without excessive inconvenience to the consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content into compliance are borne by the Service Provider.
6. If the Digital Content is inconsistent with the contract, the consumer may submit a statement on price reduction or withdrawal from the contract when:
   • bringing the Digital Content or Digital Service into compliance is impossible or requires excessive costs pursuant to Art. 43m par. 2 and 3 of the Act;
   • the Service Provider failed to bring the Digital Content or Digital Service into compliance in accordance with Art. 43m par. 4 of the Act;
   • non-compliance of the Digital Content or Digital Service continues even though the Service Provider tried to bring it into compliance;
   • non-compliance of the Digital Content or Digital Service is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measure set out in Art. 43m of the Act;
   • it clearly follows from the Service Provider’s statement or circumstances that it will not bring the Digital Content or Digital Service into compliance within a reasonable time or without excessive inconvenience for the consumer.
7. The reduced price must remain in such proportion to the price resulting from the contract in which the value of the non-compliant Digital Content or Digital Service remains to the value of the compliant Digital Content.
8. The consumer cannot withdraw from the contract if the Digital Content or Digital Service is provided in exchange for the payment of a price and the non-compliance of the Digital Content is insignificant; however, it is presumed that the non-compliance of the Digital Content or Digital Service is significant.
9. The Service Provider is not entitled to demand payment for the time during which the Digital Content or Digital Service was inconsistent with the contract, even if the consumer actually used it before withdrawing from the contract.
10. The Service Provider is obliged to refund the price only in the part corresponding to the Digital Content or Digital Service compliant with the contract and the Digital Content or Digital Service whose delivery obligation was cancelled as a result of withdrawal from the contract.
11. The Service Provider is obliged to return the price due to the consumer as a result of exercising the right to withdraw from the contract or reduce the price immediately, no later than within 14 days from the date of receiving the consumer’s statement on withdrawal or price reduction.
12. The Service Provider returns the price using the same method of payment as the Consumer used, unless the consumer has explicitly agreed to another method of return that does not involve any costs for them or such a return is impossible for technical reasons (then the return is made to the indicated bank account number or in cash, according to the Client’s indication).

Complaints

1. The Service Provider is obliged to ensure the correct functioning of the Website in the scope of electronically provided Services, Products, and Digital Content), including the prompt removal of any irregularities reported by Clients.
2. The Client is entitled to file complaints related to irregularities in the functioning of the Website that prevent the use of services provided by the Service Provider.
3. Complaints should be reported immediately after becoming aware of the basis for reporting it to the following e-mail address: hello@gamescape.pl or in writing to the address of the Service Provider’s registered office at ul. Kościuszki 74, 30-114 Krakow. To improve the complaint handling process, the Client should, if possible, indicate the type and date of detected irregularities in the Website’s functioning, first and last name, and correspondence address, and, if possible, specify the demand related to the complaint as to the method of resolving the complaint by the Service Provider.
4. The Service Provider considers the complaint immediately, no later than within 14 days of its receipt, and informs about the method of its consideration via e-mail to the address indicated by the Client, unless the Client has reserved that the decision on the method of resolving the complaint should be made in writing and sent to the address indicated by the Client.
5. Lack of response from the Service Provider as to the method of resolving the complaint within the time indicated above constitutes its positive consideration.
6. The consumer may use out-of-court methods of handling complaints and pursuing claims by turning to specialized institutions (e.g., to the Voivodeship Inspector of Trade Inspection with a request to initiate mediation proceedings, the permanent consumer arbitration court operating at the Voivodeship Inspector of Trade Inspection). Detailed information on out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the address of the Office of Competition and Consumer Protection: uokik.gov.pl.
7. Provisions regarding rights under the compliance of goods with the contract and the right to complaint entitled to consumers apply accordingly to entrepreneurs with consumer rights.

Complaints regarding Payments

Complaints regarding the payment of fees made through the payment operator should be reported to the e-mail address indicated by that operator. In the case of payments through the tPay service, complaints should be reported to the address: kontakt@tpay.com

Withdrawal from the Contract

1. Pursuant to the provision of Art. 38 point 12 in connection with Art. 27 of the Act of May 30, 2014, on Consumer Rights, neither the consumer nor the entrepreneur with consumer rights has the right to withdraw from the contract regarding the purchase of tickets for themed games with a marked date; therefore, purchased tickets are not subject to exchange or refund in the mode specified in the aforementioned provisions.
2. The consumer and the entrepreneur with consumer rights are entitled to the right to withdraw within 14 days from the date of voucher purchase. The statement of withdrawal should contain the voucher code, the Client’s first and last name, e-mail address, and bank account number for the purpose of returning the funds paid for the voucher. The Service Provider will confirm receipt of the statement of withdrawal and return the funds to the bank account number indicated therein immediately, no later than 14 days from the delivery of the statement of withdrawal from the voucher purchase agreement.

MODEL WITHDRAWAL FORM (this form should be filled out and sent back only in case of a desire to withdraw from the contract)

• Addressee: Gamescape spółka z ograniczoną odpowiedzialnością ul. Kościuszki 74, 30-114 Krakow
• I hereby inform about my withdrawal from the contract for the provision of the following service: purchase of voucher code number ___________________________
• Date of conclusion of the contract(*)/receipt(*) ___________________________
• First name and last name of the consumer __________________________________
• Address of the consumer _________________________________________________________________________
• E-mail of the consumer ________________________________
• Bank account number if the refund of the purchase price is to be made to a different bank account than the one from which payment was made _____________________________________________________________________
• Signature of the consumer (only if the form is sent in paper version) ________________________
• Date ___________________________ (*) Delete as appropriate.

Protection of Personal Data

The rules for the protection of Clients’ personal data and the scope of their processing are set out in the Privacy Policy, which is an attachment to these Regulations.

Final Provisions

1. These Regulations are effective from January 29, 2023.
2. The Service Provider may change the provisions of the Regulations in the scope regarding Clients who are not consumers and entrepreneurs with consumer rights at any time.
3. The Service Provider may change the provisions of the Regulations in the scope regarding Clients who are consumers and entrepreneurs with consumer rights for the following important reasons:
   • changes in provisions of generally applicable law or changes in the way they are interpreted in the scope related to the provision of Services by the Service Provider;
   • imposition of specific obligations by state authorities, causing that lack of change in the Regulations will result in lack of fulfillment of these obligations by the Service Provider;
   • change in the scope or type of Services or the method of their provision by the Service Provider;
   • change in the method of providing Services caused solely by technical or technological reasons (in particular updating the technical requirements indicated in these Regulations);
   • the need to improve the operation of the Website and Client service;
   • the need to improve the protection of Clients’ privacy;
   • the need to introduce editorial changes to the Regulations;
   • in order to remove provisions of the Regulations that are inconsistent with current law in this area, including in particular violating the rights of Clients.
4. Changes to the Regulations will be effective within 14 days from the date of their placement on the Website.
5. The Service Provider will notify the Client of a change in the Regulations.
6. A change in the Regulations will not infringe upon the acquired rights of the Client resulting from Orders placed before the introduction of the change (the parties are bound by the Regulations in force at the moment the Client places the Order).
7. These Regulations are available free of charge on the Website and at the Service Provider’s office at: ul. Kościuszki 74, 30-114 Krakow.
8. Contractual provisions less favorable to the consumer than the provisions of the Act of May 30, 2014, on Consumer Rights are invalid, and the provisions of that Act shall apply in their place.
9. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular the provisions of the Civil Code, the Act of July 18, 2002, on the Provision of Electronic Services, the Act of May 30, 2014, on Consumer Rights, and other appropriate ones.
10. The choice of Polish law does not deprive the consumer and the entrepreneur with consumer rights of the protection granted to them on the basis of provisions that cannot be excluded by agreement between the Service Provider and these entities by virtue of the law that would be applicable in the absence of choice.
11. Disputes related to the provision of Services via the Website will be settled by a common court according to general jurisdiction.

ATTACHMENT TO THE TERMS OF SERVICE FOR ELECTRONIC SERVICES within the website www.gramiejskakrakow.pl