Terms and Conditions

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS within the website https://gramiejskakrakow.pl/ – PURCHASE OF AN ACCESS CODE TO A GAME IN THE “ESCAPECITY” APPLICATION / NEWSLETTER

General provisions

Whenever the Terms and Conditions refer to the terms indicated below, they shall be understood as follows:

Service Provider – EscapeCity Spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Kościuszki 74/13, 30-114 Kraków, National Court Register (KRS) No.: 0000357047, Tax Identification Number (NIP): 9442219177, Statistical Number (REGON): 121233058, telephone: +48 789 315 401, e-mail: hello@escapecity.pl;
Customer – a natural person who has reached 18 years of age and has full legal capacity, concluding with the Service Provider a contract for the purchase of an Access Code not directly related to their business or professional activity (a consumer within the meaning of the Act), a legal person, an organisational unit without legal personality but able to acquire rights and incur obligations in its own name, an entrepreneur within the meaning of the Act of 23 April 1964 – the Civil Code, an entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for them, resulting in particular from the subject of the business activity they perform, made available on the basis of the provisions on the Central Register and Information on Business Activity);
Website – the website administered by the Service Provider, placed on the Internet at https://gramiejskakrakow.pl/, intended for the presentation of the Service Provider’s offer and for the provision of the Service and the Newsletter service under the terms set out in the Terms and Conditions;
Service – the service of selling an Access Code, provided by the Service Provider by electronic means 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 on Electronic Services;
Application – the application named “EscapeCity”, intended for mobile devices, enabling access to the Game, available in the stores of third-party providers;
Game – a city game containing puzzles to be solved by the user, intended for mobile devices, made available in the Application;
Access Code – digital content in the form of a digital code produced and delivered to the Customer enabling access to the Game in the Application (a string of characters or a QR code);
Order – a declaration of intent by the Customer leading to the conclusion, via the Website, of a contract for the purchase of an Access Code;
Terms and Conditions – this document setting out the conditions for the provision of the Service and the Newsletter service by the Service Provider, available on the Website in electronic form allowing it to be printed;
Newsletter – an electronic service, provided on the basis of the provisions of the Act on Electronic Services, consisting in the cyclical sending by the Service Provider to the Customer, at the e-mail address provided by the Customer, of commercial information, in particular about news, promotions, available Games, etc. related to the Service Provider’s activity;
Act – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2024, item 1796, as amended);
Act on Electronic Services – the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2024, item 1513, as amended).

The Terms and Conditions form an integral part of the contract for the purchase of an Access Code concluded by the Service Provider with the Customer, and acceptance of the Terms and Conditions is voluntary but necessary in order to conclude the contract.
The Customer may contact the Service Provider via: electronic mail at the e-mail address hello@escapecity.pl, in writing at the address of the Service Provider’s registered office, ul. Kościuszki 74/13, 30-114 Kraków. The contact form placed on the Website does not meet the requirements of a durable medium within the meaning of the provisions of law and does not guarantee the retention of written correspondence.
Information about the Service placed on the Website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, in accordance with the content of the Terms and Conditions.
The Customer is obliged to use the Website in a manner consistent with the provisions of law and the provisions of the Terms and Conditions, not disrupting the functioning of the Website and not burdensome for the Service Provider.
The name, logo, descriptions of the Service, the Application, the Game, the Newsletter and other subjects of the Service Provider’s copyright constitute a legally protected good, and any use thereof without obtaining the prior written consent of the Service Provider is prohibited.

Rules for using the Game and the Application

The Game is available exclusively in the Application. The Application can be downloaded to a mobile device free of charge from the stores of third-party providers, i.e. Google Play or the App Store. For this purpose, it will be necessary to accept the terms or terms and conditions of service provision – in the case of Google Play they are available at: https://play.google.com/intl/ALL_pl/about/play-terms/ and in the case of the App Store at: https://www.apple.com/legal/internet-services/itunes/pl/terms.html
In order to use the Game, the Customer should:
- have a mobile device (smartphone/tablet) with the iOS system installed (version 10.0 or higher) or Android (version 4.3 or higher),
- install the Application on the aforementioned device,
- in the case of a paid Game – pay the fee for the Game via the Application or enter or scan the purchased Access Code (depending on the form of the Access Code),
- have access to the Internet.
In order to use certain functions of the Game, it may be required to fulfil additional conditions, e.g.

permission for the photo camera or video camera on the aforementioned device to operate, by means of which photographs or films will be taken in specific tasks respectively (this will be optional, but failure to fulfil the aforementioned conditions may prevent the use of certain functions of the Game);
sharing the user’s GPS location, in order to display it on the map and perform subsequent tasks (the user’s location will not be shared or sent to the server)

The Service Provider shall not be liable for interruption of or lack of access to the Game for reasons beyond the Service Provider’s control, in particular for reasons attributable to the entities indicated in section 1 or related to the technical condition of the user’s equipment or interruptions in the provision of services by the user’s Internet provider.

Rules for the provision of the Service

In order to purchase an Access Code, the Customer should:

select the type of Game in the “https://gramiejskakrakow.pl/sklep/” tab located on the Website;
complete the registration form with the necessary data, including first name and surname as well as e-mail address (providing the data is voluntary but necessary for the fulfilment of the Order);
read and accept the Terms and Conditions and the Service Provider’s Privacy Policy concerning the “EscapeCity” application;
read and accept the terms and conditions of the payment operator;
make the payment via the payment operator in the manner chosen by the Customer (the placing of an Order by the Customer by clicking the appropriate icon entails an obligation to pay the price); failure to make the payment will result in cancellation of the Order;
wait for verification of the payment by the Service Provider.

After the Service Provider receives confirmation of payment for the Access Code, the Customer will receive the Access Code from the Service Provider at the e-mail address provided immediately, no later than within 24 hours from the moment the Service Provider receives confirmation of payment.
The time for redeeming the Access Code is specified on the Website (at the moment the Order is placed)..
The Access Code must be entered or scanned (depending on its form) in the Application in the “Access Code” tab and then confirmed with the appropriate button. Confirmation of the Access Code will enable access to the Game selected by the Customer in the Application.
The Access Code is single-use, and therefore may be used in the Application only once and enables access to only one Game selected by the Customer.
The prices of Access Codes indicated on the Website are gross prices expressed in Polish zloty or Euro and include the VAT due.

The Service Provider’s liability for the conformity of digital content with the contract and the consumer’s rights

Digital content is in conformity with the contract if, in particular, its description, type, quantity, quality, completeness, functionality, compatibility, interoperability and the availability of technical support and updates, as well as its suitability for the particular purpose for which it is needed by the consumer, of which the consumer notified the Service Provider at the latest at the time of conclusion of the contract and which the Service Provider accepted, remain in conformity with the contract.
Digital content is in conformity with the contract if it is fit for the purposes for which digital content of that type is normally used, taking into account applicable provisions of law, technical standards or good practices, occurs in such quantity and has the features typical of digital content of that type which the consumer may reasonably expect, taking into account the nature of the digital content and the public assurances made by the Service Provider on the Website.
The Service Provider shall not be liable for the lack of conformity of the digital content with the contract to the extent referred to in section 2 if the consumer, at the latest at the time of conclusion of the contract, was expressly informed that a specific feature of the digital content deviates from the conformity requirements set out in section 2 and expressly and separately accepted the absence of that specific feature of the digital content.
If the digital content is not in conformity with the contract, the consumer may demand that it be brought into conformity with the contract. The Service Provider may refuse to bring the digital content into conformity with the contract if bringing it into such conformity is impossible (e.g. due to technical problems, etc.) or would require excessive costs for the Service Provider (e.g. due to the repair technology required, etc.). When assessing whether the costs are excessive for the Service Provider, all the circumstances of the case shall be taken into account, in particular the significance of the lack of conformity and the value of the digital content in conformity with the contract.
The Service Provider shall bring the digital content into conformity with the contract within a reasonable time from the moment at which the Service Provider was informed by the consumer of the lack of conformity with the contract, and without excessive inconvenience to the consumer, taking into account its nature and the purpose for which it is used. The costs of bringing the digital content into conformity with the contract shall be borne by the Service Provider.
If the digital content is not in conformity with the contract, the consumer may make a declaration on a price reduction or on withdrawal from the contract where:
- bringing the digital content into conformity with the contract is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Act;
- the Service Provider has failed to bring the digital content into conformity with the contract in accordance with Article 43m(4) of the Act;
- the lack of conformity of the digital content with the contract persists, even though the Service Provider has attempted to bring it into conformity with the contract;
- the lack of conformity of the digital content with the contract is so significant as to justify a price reduction or withdrawal from the contract without first resorting to the remedy set out in Article 43m of the Act;
- it is clear from the Service Provider’s declaration or from the circumstances that the Service Provider will not bring the digital content into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.
The reduced price must remain in such proportion to the price arising from the contract as the value of the digital content not in conformity with the contract remains to the value of the digital content in conformity with the contract.
The consumer may not withdraw from the contract if the digital content is supplied in exchange for payment of a price and the lack of conformity of the digital content with the contract is insignificant, whereby it is presumed that the lack of conformity of the digital content or digital service with the contract is significant.
The Service Provider is not entitled to demand payment for the time during which the digital content was not in conformity with the contract, even if the consumer actually used it before withdrawing from the contract.
The Service Provider is obliged to refund the price only in the part corresponding to the digital content in conformity with the contract and to the digital content whose obligation to be supplied lapsed as a result of withdrawal from the contract.
The Service Provider is obliged to refund to the consumer the price due as a result of exercising the right to withdraw from the contract or to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s declaration on withdrawal from the contract or on a price reduction.
The Service Provider shall refund the price using the same method of payment as that used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for them, or such a refund is impossible for technical reasons (in which case the refund shall be made to the indicated bank account number or in cash, in accordance with the Customer’s indication).

Newsletter

The Customer may order the Newsletter at any time by selecting the appropriate option available on the Website. In order to use the Newsletter service, it is necessary for the Customer to provide an e-mail address and to tick the boxes indicating: the Customer’s consent to the processing by the Service Provider of their personal data for the purpose of receiving the Newsletter, and consent to receiving commercial information from the Service Provider (the Newsletter).
Consent to receiving the Newsletter is not a condition for using the Website or other services offered by the Service Provider, and giving it is voluntary. Granting consent is, however, necessary in order for the Customer to be able to receive the Newsletter.
The Customer may at any time and without any negative consequences resign from receiving the Newsletter by clicking the unsubscribe field placed in the Newsletter message, or by sending an appropriate request to the Service Provider at the e-mail address: hello@escapecity.pl or by post to the address: ul. Kościuszki 74/13, 30-114 Kraków. This results in the immediate cessation of delivery of the Newsletter by the Service Provider.
In connection with sending the Newsletter, the Service Provider processes the Customer’s personal data for this purpose in accordance with the rules described in detail in the Privacy Policy.

Complaints

The Service Provider is obliged to ensure the correct operation of the Website within the scope of the Service or the Newsletter service provided, including the immediate removal of any irregularities reported by the Customer.
The Customer is entitled to submit complaints relating to irregularities preventing the use of the Service or concerning the Newsletter service.
Complaints should be submitted immediately after becoming aware of the grounds for their submission, to the following e-mail address: hello@escapecity.pl or in writing to the address of the Service Provider’s registered office, ul. Kościuszki 74/13, 30-114 Kraków. In order to streamline the complaint handling process, in the complaint notification the Customer should, as far as possible, indicate the type and date of the irregularities identified, their first name and surname and correspondence address, and should also, as far as possible, specify the request associated with the complaint as to the manner in which the complaint is to be resolved by the Service Provider.
The Service Provider shall consider the complaint immediately, no later than within 14 days from its receipt, and shall provide information on the manner of its resolution via electronic mail to the address indicated by the Customer, unless the Customer has stipulated that the decision as to the manner of resolving the complaint should be drawn up in writing and sent to the address indicated by the Customer.
The absence of a response from the Service Provider as to the manner of resolving the complaint within the time limit indicated above constitutes its resolution in the Customer’s favour.
The consumer may make use of out-of-court methods of handling complaints and pursuing claims by turning to specialised institutions (e.g. to the Voivodeship Inspector of the Trade Inspection with a request to initiate mediation proceedings, or to the permanent consumer arbitration court operating at the Voivodeship Inspector of the 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 organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the address of the Office of Competition and Consumer Protection: uokik.gov.pl.
The provisions concerning the rights referred to in the preceding chapter and the right to lodge a complaint vested in consumers shall apply accordingly to entrepreneurs with consumer rights.
Complaints concerning payments of amounts due made via the payment operator should be submitted to the e-mail address indicated by that operator. In the case of payments via the tPay service, complaints should be submitted to the address: kontakt@tpay.com.

Withdrawal from the contract

The consumer and the entrepreneur with consumer rights have the right to withdraw within 14 days from the date of purchase of the Access Code, subject to section 2. The declaration of withdrawal should contain the Customer’s first name and surname, e-mail address and bank account number for the purpose of refunding the funds paid for the Access Code. The Service Provider shall confirm receipt of the declaration of withdrawal and shall refund the funds to the bank account number indicated therein immediately, no later than within 14 days from the delivery to it of the declaration of withdrawal from the contract for the purchase of the Access Code.
Pursuant to the provision of Article 38(13) of the Act, neither the consumer nor the entrepreneur with consumer rights has the right to withdraw from a contract for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the trader began performance with the express and prior consent of the consumer, who was informed before the commencement of performance that after the performance has been rendered by the Service Provider they will lose the right to withdraw from the contract, and acknowledged this, and the Service Provider provided the consumer with the confirmation referred to in Article 21(1) of the Act.

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee: EscapeCity spółka z ograniczoną odpowiedzialnością ul. Kościuszki 74/13, 30-114 Kraków
– I hereby give notice of my withdrawal from the contract for the purchase of the Access Code ___________________________
– Date of conclusion of the contract ___________________________
– First name and surname of the consumer __________________________________
– Address of the consumer _________________________________________________________________
– E-mail of the consumer ________________________________
– Bank account number, if the purchase price is to be refunded to a bank account other than the one from which the payment was made ___________________________________________________________
– Signature of the consumer (only if this form is sent in paper version) ________________________
– Date ___________________________

Protection of Personal Data
The rules for the protection of the Customer’s personal data and the scope of their processing are set out in the Privacy Policy available at this address: https://gramiejskakrakow.pl/polityka-prywatnosci/ .

Final provisions

The Terms and Conditions are effective as of 03.08.2026.
The Service Provider may amend the provisions of the Terms and Conditions in the scope concerning Customers who are not consumers or entrepreneurs with consumer rights at any time.
The Service Provider may amend the provisions of the Terms and Conditions in the scope concerning Customers who are consumers and entrepreneurs with consumer rights for the following important reasons:

changes in generally applicable provisions of law or changes in the manner of their interpretation in the scope related to the provision of the Service by the Service Provider;
the imposition of specific obligations by state authorities as a result of which a failure to amend the Terms and Conditions would result in the Service Provider failing to fulfil those obligations;
a change in the scope or type of the Service or in the manner of its provision by the Service Provider;
a change in the manner of providing the Service caused solely by technical or technological considerations (in particular an update of the technical requirements indicated in these Terms and Conditions);
the need to improve the operation of the Website and Customer service;
the need to improve the protection of Customers’ privacy;
the need to introduce editorial changes to the Terms and Conditions;
in order to remove provisions of the Terms and Conditions which are inconsistent with the current provisions of law in this respect, including in particular those which infringe Customers’ rights.

Amendments to the Terms and Conditions shall be effective within 14 days from the date of their publication on the Website.
The Service Provider shall notify the Customer of any amendment to the Terms and Conditions.
An amendment to the Terms and Conditions shall not infringe the acquired rights of the Customer arising from Orders placed before the amendment was introduced (the parties are bound by the Terms and Conditions in force at the time the Customer placed the Order).
The Terms and Conditions are available free of charge on the Website and at the Service Provider’s registered office at the address: ul. Kościuszki 74/13, 30-114 Kraków.
Provisions of contracts less favourable to the consumer than the provisions of the Act are invalid, and the provisions of the Act shall apply in their place.
In matters not regulated by the Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the provisions of the Act, the Civil Code and the Act on Electronic Services.
The choice of Polish law does not deprive the consumer or the entrepreneur with consumer rights of the protection afforded to them under provisions which cannot be excluded by agreement between the Service Provider and those entities under the law which would be applicable in the absence of a choice.
Disputes related to the provision of the Service via the Website shall be settled by the common court having jurisdiction over the registered office of EscapeCity. The jurisdiction of the court specified in the preceding sentence is without prejudice to mandatory provisions establishing a different jurisdiction of courts for consumers.
The use of the Website, in the scope not regulated in these Terms and Conditions, is governed by the Terms and Conditions for the Provision of Services by Electronic Means within the website www.escapecity.pl available at: https://escapecity.pl/regulamin/.