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INFORMATION CLAUSES

PRIVACY POLICY of the site WonkaCamp mobile glamping

 

 

§1. Personal data administrator

 

  1. The administrator of personal data within the meaning of art. 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (GDPR) is Romana Å»ukrowska running a business under the name KAKAZU STUDIO Romana Å»ukrowska at Å»óÅ‚ków 44, 63-210 Å»erków, NIP: 6171906360, REGON: 384532021, entered into the Register of Entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Development, Labor and Technology.

  2. Data controller contact details:

  1. The administrator pursuant to art. 32 sec. 1 of the GDPR observes the principle of personal data protection and applies appropriate technical and organizational measures to prevent accidental or unlawful destruction, loss, modification, unauthorized disclosure or unauthorized access to personal data processed in connection with the conducted activity.

  2. Providing personal data is voluntary, but necessary in order to establish cooperation and/or conclude a contract with the data administrator.

  3. The data controller processes personal data only to the extent necessary for the proper provision of services or to take action at the request of the data subject.

 

§2. Purpose and basis for processing personal data

 

The administrator processes personal data for the following purposes:

  • preparation of a commercial offer in response to the customer's interest, which is the legitimate interest of the data controller (Article 6(1)(f) of the GDPR);

  • provision of electronic services via the Website, on the basis of a concluded contract (Article 6(1)(b) of the GDPR);

  • handling the complaint process, on the basis of the data controllers obligation in connection with applicable law (Article 6(1)(c) of the GDPR);

  • accounting related to the issuance and acceptance of settlement documents, based on the provisions of the tax law (Article 6(1)(c) of the GDPR);

  • archiving data for possible determination, investigation or defense against claims or the need to prove facts, which is the legitimate interest of the data controller (Article 6(1)(f) of the GDPR);

  • contact by phone or via e-mail, in particular in response to inquiries addressed to the data controller, which is the legitimate interest of the data controller (Article 6(1)(f) of the GDPR);

  • sending technical information regarding the functioning of the Website and services used by the client, which is the legitimate interest of the data controller (Article 6(1)(f) of the GDPR);

  • marketing of the data controller's own products, which is its legitimate interest (Article 6(1)(f) of the GDPR) or is based on prior consent (Article 6(1)(a) of the GDPR).

 

§3. data recipients. Data transfer to third countries

 

  1. The recipients of personal data processed by the data controller may be entities cooperating with the data controller, when it is necessary to perform the contract concluded with the data subject.

  2. The recipients of personal data processed by the data controller may also be subcontractors - entities whose services the data controller uses when processing data, e.g. accounting offices, law firms, entities providing IT services (including hosting services).

  3. The data controller may be required to provide personal data on the basis of applicable law, in particular to provide personal data to authorized authorities or state institutions.

  4. Personal data will not be transferred to an entity based outside the European Economic Area.

 

§4. Personal data storage period

 

  1. The data administrator stores personal data for the duration of the contract concluded with the data subject and after its termination for the purposes of pursuing claims related to the contract, performance of obligations under applicable law, but for no longer than the limitation period in accordance with the provisions of the Civil Code.

  2. The data administrator stores personal data contained in billing documents (e.g. invoices) for the period of time specified in the provisions of the Act on Value Added Tax and the Accounting Act.

  3. The data administrator stores personal data processed for marketing purposes for a period of 10 years, but no longer than until the consent to data processing is withdrawn or an objection to data processing is raised.

  4. The data administrator stores personal data for purposes other than those indicated in par. 1-3 for a period of 3 years, unless consent to data processing has been withdrawn earlier, and data processing cannot be continued on a basis other than the consent of the data subject.

 

§5. Rights of the data subject

 

1. Each data subject has the right to:

  • – obtain confirmation from the administrator whether her personal data is being processed. If data about a person are processed, he or she is entitled to access them and obtain the following information: about the purposes of processing, categories of personal data, information about the recipients or categories of recipients to whom the data have been or will be disclosed, about the period of data storage or the criteria for their determining the right to demand rectification, deletion or limitation of the processing of personal data of the data subject, and to object to such processing (Article 15 of the GDPR);

  • to receive a copy of the data - to obtain a copy of the data subject to processing, the first copy being free of charge, and the controller may charge a reasonable fee for subsequent copies resulting from administrative costs (Article 15(3) of the GDPR);

  • to rectify - request rectification of incorrect personal data concerning her or supplementing incomplete data (Article 16 of the GDPR);

  • to delete data - request to delete her personal data if the administrator no longer has a legal basis for their processing or the data is no longer necessary for the purposes of processing (Article 17 of the GDPR);

  • to limit processing - request to limit the processing of personal data (Article 18 of the GDPR), when:

- the data subject questions the correctness of the personal data - for a period enabling the administrator to check the correctness of the data,

- the processing is unlawful and the data subject opposes their removal, requesting the restriction of their use,

- the administrator no longer needs these data, but they are needed by the data subject to establish, pursue or defend claims,

- the data subject has objected to the processing - until it is determined whether the legitimate grounds on the part of the controller override the grounds for the data subject objection;

  • to transfer data - receiving in a structured, commonly used machine-readable format personal data concerning him, which he provided to the administrator, and requesting sending this data to another administrator, if the data is processed on the basis of the consent of the data subject or a contract concluded with him and if the data is processed in an automated manner (Article 20 of the GDPR);

  • to object - to object to the processing of her personal data for the legitimate purposes of the administrator, for reasons related to her particular situation, including profiling. Then the administrator assesses the existence of valid legitimate grounds for processing, overriding the interests, rights and freedoms of data subjects, or grounds for establishing, pursuing or defending claims. If, according to the assessment, the interests of the data subject are more important than the interests of the administrator, the administrator will be obliged to stop processing data for these purposes (Article 21 of the GDPR).

  1. In order to exercise the above-mentioned rights, the data subject should contact the administrator using the contact details provided and inform him which right and to what extent he wants to exercise.

  2. The data subject has the right to lodge a complaint with the supervisory authority, which is the President of the Personal Data Protection Office in Warsaw.

 

§6. Automated decision making. Profiling

 

Personal data will not be processed automatically or by profiling.

 

 

WEBSITE and RESERVATIONS REGULATIONS

 

 

The website available at https://www.wonka-camp.com/ is made available by the Service Provider on the terms set out in this document constituting the regulations pursuant to the Act of 18 July 2002 on the provision of electronic services (referred to as the Regulations) .

 

These Regulations define the rules for using the Website, types of electronic services provided via the Website and the rights and obligations of the Service Recipients and the Service Provider. Getting acquainted with these Regulations is the obligation of each Service Recipient.

 

Service Provider's contact details:

- phone: +48 512 012 401,

- e-mail address: wonkabykakazu@gmail.com.

 

 

§1. Definitions

  1. Website (Website) - a website available at https://www.wonka-camp.com/.

  2. Service Provider (Landlord) - Romana Å»ukrowska running a business under the name KAKAZU STUDIO Romana Å»ukrowska at Å»óÅ‚ków 44, 63-210 Å»erków, NIP: 6171906360, REGON: 384532021, entered into the register of entrepreneurs of the Central Register and Information on Economic Activity kept by the Minister of Development, Labor and Technology.

  3. Service Recipient (Renant) - a natural person, legal person or organizational unit without legal personality, which is granted legal capacity by law, using the Website, Services provided by the Service Provider or concluding a Rental Agreement with the Service Provider.

  4. Service - a service provided electronically by the Service Provider to the Service Recipient via the Website or in accordance with the offer posted on the Website.

  5. Rental Agreement - a rental agreement for a glamping tent, including any additional options (assembly/assembly of the tent or delivery/collection), concluded for a definite period of time.

  6. Reservation - a declaration of will made by the Service Recipient by e-mail or telephone about the intention to conclude a Rental Agreement.

  7. Reservation fee - a deposit fee paid by the Customer in the amount of 50% of the remuneration due to the Service Provider under the Rental Agreement, to be credited towards this remuneration, the payment of which is a condition for concluding the Rental Agreement.

  8. Rental amount - remuneration due to the Service Provider under the Rental Agreement, including in particular the basic fee for the tent and the fee for additional services (assembly/assembly of the tent, delivery/collection of the tent or additional equipment).

 

§2. General provisions

  1. The Service Provider undertakes to provide services to the Customer to the extent and under the conditions set out in the Regulations.

  2. The Service Recipient undertakes to use the Website in accordance with the rules set out in the Regulations, applicable law and principles of social coexistence.

  3. Using the Website and Services means acceptance by the Service Recipient of the conditions set out in the Regulations and the Privacy Policy.

  4. The Service Provider complies with the principles of protection of personal data of the Service Recipients provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The Service Recipient agrees to the collection, storage and processing of personal data by the Service Provider in order to perform the service. Detailed rules for the processing of personal data of the Service Recipients are specified by the Website. The Service Provider may use the Customer's data for the purpose of marketing services only with the express consent of the Customer or on the basis of applicable law.

  5. The provisions of the Regulations regarding consumers shall apply accordingly to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

  6. It is forbidden for the Customer to provide illegal or offensive content to the Website. The Service Recipient is obliged to use the websites in a way that does not interfere with their functioning, in particular by not using specific software (including malware) or devices.

  7. Particular risks related to the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted via the network or stored on computers connected to the network and interfering with this data, which may result in, in particular, their loss, unauthorized change or preventing the use of services offered using the Website.

 

§3. General Terms of Service

  1. Services provided electronically by the Service Provider consist in particular in:

  • enabling the Service Recipient to access the Website, including the offer, news and other information posted on the Website pages and to display them on the Service Recipient's end device,

  • enabling the Service Recipient to complete the contact form, in particular in order to make a Reservation and conclude a Rental Agreement.

  1. Technical requirements necessary to use the services provided by the Service Provider:

  • device with Internet access,

  • a web browser that supports cookies,

  • access to e-mail.

  1. The service recipient bears the fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.

 

§4. Reservation. Lease agreement

  1. In order to make a reservation, the Service Recipient contacts the Service Provider at his e-mail address, indicating in the content of the message the preferred rental date, the type of the selected tent and any additional services, in particular additional equipment, delivery/collection of the tent or erection/assembly of the tent by the Service Provider.

  2. In response, the Service Recipient receives a message containing information about the terms of the Rental Agreement, including information about the remuneration and any additional fees and the Rental Regulations.

  3. After the Customer confirms the will to be bound by the Rental Agreement on the terms proposed by the Service Provider in accordance with point 2, the Service Provider sends the Rental Agreement and a proforma invoice to the e-mail address covering the full costs incurred by the Customer.

  4. Within a maximum period of 3 days from the receipt of the message referred to in point 3, the Service Recipient is obliged to:

  • signing and returning the Rental Agreement to the Service Provider (it is acceptable to send the Rental Agreement in the form of a scan or photo to the Service Provider's e-mail address),

  • pay the Reservation Fee in the amount of 50% of the Rental Amount indicated on the proforma invoice.

  1. The tent reservation is maintained by the Service Provider until the Service Recipient completes the activities referred to in point 4.

  2. Failure to pay the Reservation Fee or failure to provide the Service Provider with the signed Rental Agreement within the prescribed period results in the cancellation of the Reservation and the Service Provider's withdrawal from the Rental Agreement.

  3. The Service Recipient is obliged to pay a refundable deposit in the amount of 20% of the Rental Amount indicated on the proforma invoice, as security for any claims of the Service Provider. The amount of the deposit (reduced by possible claims of the Service Provider) will be returned within 14 days from the end of the lease to the bank account indicated by the Customer.

  4. The Service Recipient is obliged to pay the remaining part of the remuneration for the rental and the refundable deposit at least 28 days before the start of the rental in accordance with the terms of the Rental Agreement.

  5. If the Customer fails to make the payment in accordance with point 8, the Service Provider has the right to withdraw from the Rental Agreement. A declaration of withdrawal from the Rental Agreement will be submitted to the Service Recipient by e-mail to the e-mail address from which the Service Recipient contacted the Service Provider. The booking fee paid by the Customer is non-refundable.

  6. An integral part of the Rental Agreement is the Rental Regulations constituting Annex No. 1 to these Regulations.

 

§5. Changing the Booking or resigning from the rental

 

  1. The Service Recipient may make changes to the Booking, i.e. change the number of tents, equipment, length of rental, location, but not later than 28 days before the start of the rental. The possibility of changing the Reservation depends on the availability of the subject of the lease, confirmed by the Service Provider.

  2. In the event of resignation from the rental notified to the Service Provider no later than 28 days before the planned start of the rental, the Service Recipient is entitled to a refund of the Rental Amount less the Reservation Fee.

  3. In the event of resignation from the rental notified to the Service Provider within a period shorter than 28 days before the planned start of the rental, the Rental Amount is not refundable in any part.

  4. In the event of resignation from the rental notified to the Service Provider within a period shorter than 28 days before the planned start of the rental, if the resignation is justified by sudden reasons independent of the Service Recipient (e.g. extreme weather conditions), and the tents have not yet been pitched in the area indicated by the Service Recipient, the Service Recipient a different rental period may be offered (according to the availability of tents at the time) at the same price, quantity and on the same terms.

  5. The return of the Rental Amount referred to in point 2 shall be made to the bank account indicated by the Customer within 14 working days from the receipt of the resignation by the Service Provider.

  6. The Service Recipient informs the Service Provider about the change of the Booking or resignation from the rental only by e-mail.

  7. Resignation from the rental is also understood as the inability to perform the Rental Agreement for reasons attributable to the Customer or reasons attributable to him, including those caused by his action or omission.

 

§6. Prices and payment terms

  1. The prices of the Services used by the Service Provider are expressed in Polish zlotys (PLN) and are gross prices, unless otherwise stated in the sales document or the Agreement.

  2. The service provider documents the sale with a VAT invoice. The Service Recipient accepts receiving a VAT invoice electronically without the Service Provider's signature.

  3. The payment is made to the Service Provider's bank account indicated on the invoice.

  4. If the Parties have agreed that the payment will be made on a deferred payment date, the Customer is obliged to pay on time and under the conditions indicated on the invoice issued by the Service Provider, unless the Parties have agreed otherwise.

  5. In the event of a delay in payment, the Service Provider is entitled to demand from the Customer who is an entrepreneur the payment of statutory interest for delay in commercial transactions and to charge the Customer a flat fee of EUR 40 as compensation for the costs of recovering receivables in accordance with art. 10 of the Act on counteracting excessive delays in commercial transactions.

 

§7. Service Provider's Responsibility

  1. The Service Provider informs that pursuant to art. 15 of the Act of 18 July 2002 on the provision of electronic services is not obliged to check the data transmitted, stored or made available by him, referred to in art. 12-14 of the said Act, unless the data comes from him.

  2. The Service Provider is not responsible for the obligations of the Service Recipients resulting from their activities on the Website.

  3. The Service Provider is not responsible for the data entered by the Service Recipients on the Website and is not responsible for actions performed by the Service Recipient that contributed to any damage to this Service Recipient or other Service Recipients or third parties, or prevented or hindered the provision of services by the Service Provider.

  4. The Service Provider is not responsible for the content of websites and for any damages incurred by the Service Recipients or third parties in connection with access to websites to which redirection may occur via links available on the Website.

  5. The Service Provider shall not be liable for interruptions in the functioning of the Website and damages incurred by the Service Recipient in this respect, if they were caused by force majeure, which could not be foreseen, and if the occurrence of force majeure was foreseeable - when the consequences of its occurrence could not be prevented .

  6. The risk related to the use, use, possession and use of information made available on the Website is borne by the Service Recipient. The Service Provider shall not be liable to the Service Recipients or third parties for damages, both direct and indirect, related to the use of information provided on the Website.

 

§8. Withdrawal from the contract

  1. The Service Recipient who is a consumer has the right to withdraw from a contract concluded remotely or off-premises of the Service Provider within 14 days from the date on which the contract was concluded. To meet the deadline, it is enough to send a statement to the address of the registered office or e-mail address of the Service Provider.

  2. In the event of withdrawal from the contract, it is considered void and the consumer is released from any obligations. Payments made by the consumer will be returned by the Service Provider in the same form in which the consumer made the payment, unless the consumer agrees to return the payment in a different way that will not result in additional charges for him. The return takes place within 14 days from the date of withdrawal from the contract.

  3. In connection with Art. 38 of the Act of 30 May 2014 on consumer rights, the right to withdraw is not entitled, among others for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision.

 

§9. Complaints procedure

  1. In the event of non-performance or improper performance by the Service Provider of the services provided via the Website, the Service Recipient is entitled to submit a complaint by e-mail to wonkabykakazu@gmail.com.

  2. A properly submitted complaint should contain the designation of the Service Recipient (name and surname and e-mail address), the subject of the complaint along with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint. In the event of providing incomplete data, the Service Provider will call the Customer to complete the data within no more than 7 days.

  3. The complaint is considered by the Service Provider within 14 days from the date of receipt of the complaint.

 

§10. Intellectual property

  1. All content posted on the Website pages (including graphics, texts, page layout and logos), and not originating from the Service Recipients or other suppliers, enjoy the protection provided for copyright and are the sole property of the Service Provider. The use of this content without the written consent of the Service Provider results in civil and criminal liability.

  2. The Service Recipient is obliged to use any content posted on the Website only for his own personal use. The use of content in a different scope is allowed only if so explicitly indicated by the Service Provider on the Website.

  3. The use of the Website, including the use of text and graphic materials, photos, applications, databases or other content, does not mean that the Customer acquires any rights in relation to the indicated content, and in particular, it does not mean the acquisition of proprietary copyrights, related rights or licenses.

  4. It is forbidden to undertake the following activities without the express consent of the Service Provider:

  • copying, modifying and transmitting electronically or otherwise the Website or its parts, as well as individual content made available through it,

  • dissemination of content published on the Website in any way,

  • downloading the content of databases and its secondary use in whole or in part.

 

§11. Final Provisions

  1. The Service Provider reserves the right to change these Regulations. The Service Provider shall notify the changes to the Regulations on the Website at least 14 days before the changes to the Regulations come into force. The change in the provisions of the Regulations does not apply to the Service Recipients who placed an order for the Service during the validity of the previous version of the Regulations. Amendments to the Regulations during the duration of the contractual relationship of a continuous nature bind the other party, if the requirements set out in art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.

  2. The Service Provider reserves the right to periodically disable access to the Service or selected functionalities of the Service in the event that it is necessary for the development or maintenance of technical or ICT resources of the Service Provider related to the operation of the Service.

  3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.

  4. Disputes arising from the provision of services under these Regulations will be resolved amicably in the first place. In the absence of an amicable resolution of the dispute within 2 months from the moment of its occurrence, it will be submitted for resolution to the common court according to the seat of the Service Provider, unless the relevant provisions provide otherwise.

  5. The service recipient who is a consumer has the right to use out-of-court methods of settling disputes and pursuing claims through mediation or arbitration. Regardless of this, the consumer may ask for help from the municipal (poviat) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at . The Service Recipient who is a consumer may also use the electronic method of resolving disputes with the Service Provider via the ODR platform available at .

  6. The Regulations come into force on May 24, 2021.

Address

KAKAZU STUDIO

Żółków 44

63-210 Żerków

Telephone

512 012 401

E-mail

​

wonkabykakazu@gmail.com

​

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