Shipowner “Aqua Fun” by Krystian Kapusta

Definitions
§1
Whenever the regulations refer to:
1.ship – it should be understood as a passenger ship used for transporting passengers, which has been entered in the administrative register of Polish inland waterway vessels by the Inland Shipping Office .
2.passenger,- it should be understood as a natural person with full legal capacity who has purchased the ticket, as well as its accompanying persons . The passenger is recognized as a consumer within the meaning of consumer rights laws, unless they use the services of the Owner in the course of their professional or commercial activity.
3.website – it should be understood as the Owner’s website located at http://www.rejsy.krakow.pl/
4.ticket – it should be understood as a bearer document entitling to participate in a cruise purchased directly from the Owner , entities cooperating with him or via the website.
5.cruise – it should be understood as a passenger transport service related to leisure , the duration of which is defined is on the website or in the offer submitted directly by the Owner.
6.PAYPRO – should be understood as an entity providing a payment service via the www.przelewy24.pl website with its registered office in Poznań, at ul. Kanclerska 15 (60-327), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, tax identification number 7792369887, with share capital of PLN 4,500,000.00, all paid up and to the register of domestic payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24 / 2014.

Regulations
§ 2
1.The Regulations define the rules for the participation of Passengers in the Cruise
2.Amendments to the Rules are valid from the date of their publication on the website
3.For contracts concluded and not performed at the time when the regulations have been changed, the regulations in force from the date of purchase of the ticket by the Passenger shall apply.
4.Purchasing a ticket for a Cruise means acceptance of the Regulations.
5.The Regulations apply to all persons purchasing a ticket via the Website and staying on the Ship.
6.The regulations are:
1. available on the Ship and by the Shipowner – in the form recorded on paper,
2. provided directly to the Passenger at his request – via email or on a durable medium,
3. available on the Website.
7.At the Passenger’s request, the Owner will explain the meaning of the individual provisions of the Regulations.

Shipowner
§ 3
1.The shipowner is an entrepreneur who provides passenger transport services.
2.The shipowner provides cruise services in Krakow .
3.The shipowner conducts business activities under the terms of the Act of
March 6, 2018 – Entrepreneurs’ Law (Journal of Laws, item 646, as amended).
4.Confirmation of the correctness of the Owner’s data can be obtained in the Central Register and Information on Economic Activity ( https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/Search.aspx)
5.Passenger can communicate with the Owner by means of remote communication:
1. e-mail: info@rejsy.krakow.pl
2. telephone: +48 604 915 015
6.The costs of communication Passenger with the Owner at distances in order to conclude a contract they correspond to the usual one and depend on the operator’s price list.
7.The ship is a watercraft within the meaning of the Inland Waterway Act.

Website
§ 4
1.The Owner’s website is used to present the Cruises offer and ticket sales.
2.Ticket sale via the Website. It is provided 24 hours a day and 7 days a week.
3.In order to purchase tickets via the Website, the Passenger must use an ICT system that meets the following minimum technical requirements:
1. computer or mobile device (terminal device),
2. Internet access,
3. access to electronic mail (e-mail),
4. Internet browser (Shipowner will make every effort website is properly supported by the Microsoft Internet Explorer, Mozzila Firefox, Google Chrome, Opera and Apple Safari)
5. WLA included in the web browser use cookies and Javascript.
4.A passenger using electronic services should use technical means (anti-virus programs, firewalls) in order to minimize the risk of threats related to the use of the Internet (eg harmful / malware).
5.The company will exercise due diligence to ensure uninterrupted operation Website without the use of force majeure, unlawful actions of third parties aimed at destroying or disrupting the operation of the ICT system, and incorrect or unforeseeable operation of web browsers (errors, updates, unsupported functionalities).
6.The use of the Website by the Passenger means any reading of the contents published on the Website by the Owner.
7.The use of the Website by the Passenger should take place in the following way:
1. consistent with the law,
2. consistent with good morals,
3. in accordance with the regulations,
4. not disturbing its functioning,
5.The Owner may, within the Website organize and conduct competitions or promotions, and their conditions will determine each separate regulations.

Tickets
§ 5
1.The passenger may purchase tickets directly from the Owner on the terms specified in the offer he presents.
2.Ticket prices are given gross prices.
3.The price for the ticket is charged by the Owner in advance of the cruise.
4.A ticket purchased directly from the Owner is not refundable.
5.The passenger may purchase a discounted ticket for children under 12 years (concession ticket). The amount of the discount is determined by the Owner’s offer.
6.In case of doubts as to the age of the child, the obligation to prove it with a relevant document in order to obtain relief rests with the Passenger.
7.The ticket is a bearer document and entitles every holder to participate in the Cruise

Online tickets
§ 6
1.The provisions of the regulations regarding tickets shall apply to tickets purchased through the Website, unless the provisions of this paragraph provide otherwise.
2.The passenger may purchase tickets by completing and sending the form available on
Website, in which it defines:
1. cruise time ,
2. the date and time of the beginning of the Cruise,
3. your name and surname,
4. your e-mail address,
5. the number of tickets purchased,
6. the number of concession tickets purchased,
3.The passenger is responsible for correctly completing and submitting the form. The Owner is not responsible for incorrect entering of the data necessary for the Passenger’s reservation.
In particular, the Passenger should exercise increased diligence in determining the number of tickets and the date and time of the Cruise.
4.The Passenger should immediately report any irregularities in the functioning of the form to the Shipowner.
5.Ticket purchase via website is a contract at a distance within the meaning of the law on consumer rights.
6.The return of the ticket of the purchased ticket via the website may take place no later than twenty-four (24) hours before the date and time of the Cruise specified in the form.
In order to exercise the right to return the ticket, please contact the Company via e-mail info@rejsy.krakow.pl .
7.The ticket is effectively purchased by the Passenger as soon as it is paid through the payment system provided by PAYPRO . The use of the payment system takes place on the terms and conditions of the website www.przelewy24.pl.
8.The passenger should pay a on time fee for all purchased tickets at the same time.
9.The fee for all purchased tickets should be paid via the www.przelewy24.pl website no sooner than after completing and submitting the form available at
Website and not later then two (2) hours from sending it. Lack of payment in this time frame shall mean the Passenger’s resignation from the purchase of tickets.
10.The passenger will receive a payment confirmation sent to the e-mail address provided by the www.przelewy24.pl website .
11.Complaints about the payment made through the www.przelewy24.pl website should be brought directly to PAYPRO .
12.A passenger entering the Ship should show the ticket received via the Website.

Cruise
§ 7
1.To conclude a contract to complete a cruise, you buy a ticket.
2.The passengers with tickets have priority to take part in the cruise . If there are any available seats on the Cruise, Passengers may purchase a ticket directly before the Boat with the Owner .
3.The Passenger is obliged to follow instructions given by the Ship’s Manager .
4.During the Cruise, every Passenger must exercise caution at the marinas and moorings to which the Ship seats.
5.During port maneuvers, flow under bridges, during the sluicing and slooping and departing from a marina or other stopping places, it is absolutely forbidden for the Passenger to move beyond the Ship’s safety barriers or otherwise crossing their lines. ( nie rozumie ??)
6.Children under the age of fifteen (15) should be under the constant supervision of an adult Passenger .
7.The company may cancel a cruise in the case of:
1. ship’s failure ,
2. damage to the Ship ,
3. force majeure ,
4. exceeding the water level warning status on the Vistula river ,
5. closing of the waterway constituting all or part of the Cruise route by authorized bodies
6. bad weather conditions,
7. bad navigational conditions,
8. bad hydrological conditions,
8.In case of cancellation of the Cruise by the Passenger, the Passenger at his own choice:
1. will receive a ticket for a cruise on a different date or
2. will receive a refund of the ticket price within seven (7) days. The return of the ticket price takes place in the same form as the Passenger made its purchase.
9.The Passenger’s claim to participate in the Cruise will expire if it does not appear punctually at the start of the Cruise. The shipowner may, in his sole discretion, slightly delay the Cruise to enable the Passenger to reach his destination.
10.The contract for participation in the Cruise is concluded for the time of carriage and is not subject to automatic extension or notice.
11.The following are prohibited on the Ship:
1. placing animals on it ,
2. putting on it bicycles ,
3. possession of items that are dangerous or that may soil the Ship (eg knives, machetes, axes, open dishes with paints, greases, etc.),
4. possession of explosive, pyrotechnical or flammable materials within the meaning of the Act of 21 June 2002 on Explosives for Civil Use (Journal of Laws of 2017, item 283, as amended).
5. possession of weapons and ammunition within the meaning of the Act of 21 May 1999 on weapons and ammunition (Journal of Laws of 2017, item 1839, as amended).
6. possession of narcotic drugs, psychotropic substances, substitute drugs or new psychoactive substances within the meaning of the Act of July 29, 2005 on counteracting drug addiction (ie Journal of Laws of 2018, item 1030, as amended).
7. using open fire,
8. smoking ,
9. use of e-cigarettes or similar devices ( vaping )
10. throwing objects into the riverbed,
11. The Ship’s Manager has the right to refuse a Passenger to take part in the Cruise or to remove him from the Ship if the Passenger:
• violates these regulations,
• is under the influence of alcohol or drugs,
• violates public order or good manners,
• otherwise it brings a threat to passengers or is a nuisance to them,
12.The Ship’s Manager may decide to stop the Cruise in any case of suspicion of a threat to the life or health of Passengers. In the event of cancellation of the Cruise, the provisions of the Regulations on cancellation of the Cruise by the Shipowner shall apply accordingly.
13.Refusal of a passenger to participate in a cruise or its removal from the Ship will be treated as a resignation from the Cruise by the Passenger without the right to claim a refund of the ticket price.
14.The Company may refuse to provide the Cruise for a Passenger service who, during the previous Cruise, grossly violated the regulations, in particular by destroying, damaging or seizing the Owner’s property or otherwise interfering with the Cruise of other Passengers. In such a case, the Owner may withdraw from the cruise agreement within twenty four (24) hours from the purchase of the ticket by the Passenger via the Website or refuse to directly sell the ticket.

Damages
§ 8
1.It is the responsibility of the passenger and the damage caused by the person because of their age or mental condition or bodily read a fault can not be used Art. 427 kc.
2.The passenger bears full responsibility for any damage or destruction of the equipment and technical equipment of the Ship caused by his fault or the fault of people visiting him.
3.In the event of noticing or causing any damage, the Passenger is obliged to immediately inform the Owner.
4.Shipowner is not liable for loss or damage of the items brought by the Passenger to Ship.
5.Personal belongings left on The ship will be kept by the Shipowner for 7 days . After the expiration of this period, these items will be considered abandoned with the intention of being disposed of within the meaning of art. 180 of the Civil Code In this case, the Owner may proceed with the item at its sole discretion, and in particular, utilize it or destroy it.
6.Objects, which possession and leaving on the Ship were inconsistent with the regulations will be immediately expelled or issued to law enforcement agencies.

Personal data
§ 9
1.Shipowner informs in the mode of art. 13 THE RODO that:
1. administrator of personal data The Passenger is the Owner
2. in matters concerning the protection of personal data of a passenger can contact with the owner using the contact details set out in the regulations.
3. personal data The passenger will be processed to perform the contract.
4. Passenger’s personal data will be processed for the period necessary to perform the contract, as well as to identify any claims of the Passenger . In any case, not longer than 6 years.
5. Passenger’s personal data are not subject to decisions that are based solely on automated processing, including profiling, within the meaning of art. 22 RHODE.
6. the legal basis for the processing of Passenger’s personal data by the Owner is Article 6 paragraph 1 letter b) of the RODO.
7. recipients of Passenger’s data will be PAYPRO and other entities that process personal data on behalf of the agreements Shipowner as Administrator.
8. The passenger has the right to access their data and the possibility of correcting, rectifying, requesting to limit their processing and transferring their data, as well as – in cases provided by law – the right to request the deletion of data and the right to object to their processing.
9. The passenger has the right to lodge a complaint with the supervisory body in case data processing takes place in violation of the provisions of the GDPR, ie the President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw
2.Providing personal data by the Passenger is a condition of the contract.
3.The shipowner is not obliged to appoint an inspector of personal data protection.
4.Consequence of not providing personal data by the Passenger it is impossible to conclude a contract.

Complaints
§ 10
1.Passenger may submit complaints:
1. via traditional mail – to the address of KRYSTIAN KAPUSTA “AQUA FUN “based in Krakow, Bulwar Czerwieński działka nr 172/7, 31 -069 Krakow
2. via e-mail – to the address info@rejsy.krakow.pl
2.The complaint should contain:
1. identification data passenger
2. transaction number (in the case of ONLINE TICKETS)
3. concise description of the subject of the complaint
4. concise description of the Passenger’s expectations as to how the complaint will be dealt with by Shipowner
5. other information that the Passenger considers useful when recognizing a complaint.
3.Passenger is obliged to cooperate with A raktorem in order to enable him to efficiently recognize the complaint.
4.The shipowner recognizes complaints on the following dates:
1. if the complaint is clearly justified – immediately
2. if the complaint requires ordinary activities related to the factual determination – up to 10 business days,
3. if the complaint requires a significant amount of time and work involved in determining the facts – up to 14 business days,
5.After receiving the complaint, the shipowner will
1. immediately confirm its receipt,
2. immediately proceed to the consideration of complaints,
3. contact the Passenger for further information and explanations , if it is necessary for proper recognition of the complaint,
6.On the basis of the factual situation established by him, the Shipowner may:
1. accept the complaint in its entirety and fulfill the benefit demanded by the Passenger or equivalent performance, to which the Passenger agreed.
2. take part in the complaint and partially fulfill the service demanded by the Passenger, indicating at the same time the reasons and grounds for which he could not take the complaint in its entirety,
3. not to accept the complaint indicating the reasons and grounds for which he could not take the complaint in whole or in part,
4. apply to the Passenger with the proposal to reach a settlement , if the circumstances of the case raise serious doubts as to the legitimacy of the positions of both parties,
7.Deciding on the legitimacy of the complaint Shipowner provides the passenger with his position together with justification in writing or by e-mail,
8.If the complaint is considered justified in whole or in part, the Owner will inform the Passenger about the anticipated date of settling the matter.
9.In the event of a dispute with Shipowner A passenger may request mediation to:
1. Consumer Ombudsman in the mode specified in the Act of February 16, 2007 on competition and consumer protection. (Journal of Laws of 2015, item 184). Address: Municipal Office of the Spokesman, Consumers in Krakow, Al. Powstania Warszawskiego 10, 31-541 Krakow.
2. Trade Inspection in the mode specified in the Act of 15 December 2000 on the Trade Inspection. (Journal of Laws of 2014, item 148, as amended). Address: Provincial Inspectorate of Trade Inspection in Kraków, Wiślna Street 3, 31-007 Krakow
3. Before bringing an action, the Passenger may also take advantage of the conciliation procedure specified in art. 184 kpc and further submitting the application to the competent local Universal Court.

Final Provisions
§11
1.To the extent not regulated in the Regulations, the provisions of the Civil Code and applicable ordinance regulations regarding inland navigation shall apply.
2.The regulations are effective from January 1, 2017.
3.The law applicable to the concluded contract is Polish law.
4.Promotions carried out on the Website and the Shipowner are not subject to merger unless their terms or offer state otherwise.