Terms & Conditions

TERMS & CONDITIONS

MAGNETIC TOURS

https://www.magnetictours.eu/

I General provisions

These Terms and Conditions define the general conditions, the provision of electronic service and sales conducted via the Online Service https://www.magnetictours.eu/, including the carriage of persons and tourist services.
The Seller and service provider is the company MAT-POL Mateusz Surówka, Szczygłów 71, 32-020 Wieliczka, Polska, Vat number : 6831722153, hello@magnetictours.eu .
These Terms and Conditions are always available at the website https://www.magnetictours.eu/, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
You are responsible for obtaining Internet access and a compatible, Internet-connected device to purchase our programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection. The Online service may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.
The Customer is obliged to:
provide only true, valid and all necessary data when ordering in the Online Service, as well as update it without delay.
use the services made available by the Seller in a manner not disturbing the functioning of the Seller and other Customers;
use the services made available by the Seller in a manner consistent with the provisions of the law and the Terms and Conditions.

II Booking the tour and transfer (accepting and processing orders for products)

We offer one day tours and transfers (our products). We provide Transportation, English speaking tour leader/driver, Entrance ticket, Professional local guide, Insurance. The details are available on the website.
Information about the Services as provided on the websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
All orders for products are subject to availability. Our tours and transfers can be booked no later than 12 hour(s) before start time.
The Seller enables submitting Orders for Products in the Online Service 24/7 through the website https://www.magnetictours.eu/ .
As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory. Providing the personal data marked obligatory is voluntary, yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order.
The order form should include the first name, last name, phone number and email address. Please ensure all the tour details are correct. You agree to provide full, complete and accurate information.
By ordering on behalf of other persons, you are deemed to be the designated contact person for every participant included on that booking (order). You are responsible for making all payments and notifying the participant of any changes or cancellations.
The Customer sends the Order by means of the Online Service functionality provided for that purpose with an obligation to pay.
If the Order is placed via the Order form available on the Online Service website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Services being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
You must be at least 18 years of age to make an order.
The sales Agreement shall be concluded in English.
The confirmation of the order by the Seller entitles the Customer to use the purchased services (tours and transfers). The customer is obliged to present a valid confirmation of the booking in the form of a paper printout or in electronic form.
If there will be any incorrect information that will result in miscommunication between parties or mismatch names on any ticket provided by the operator, might result in cancellation of the tour without any refund or rescheduling.

III Prices and methods of payment

The prices are provided in PLN and include all elements, in particular VAT(Value added Taxes ) and other charges.
The Customer may choose the following payment methods:

Prepayment by bank transfer
Electronic payment with cards (Bókun Pay powered by Trust My Travel
In cash (payment upon arrival - directly to tour leader/driver).

When making a payment via an electronic payment operator, the Customer should follow the instructions given by the operator of electronic payments in order to make a payment.
The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically.

IV Cancellations of order

Cancellation of order shall be notified at least 24 hour before the commencement of the Services. It is fully refundable at least 24 hours before the start of the tour/transfer.
Cancellation rule does not apply for any Auschwitz related tours( personal tickets are not refundable in accordance with the museum's internal regulations) and tours marked as “Non Refundable”.

V General obligations

The customer is obliged to appear on time at the pick-up point for the trip (tourist stop or address of the hotel / apartment). If the customer arrives at the pickup place after the stated time, Magnetic Tours reserves the right to refuse to provide the Service or does not guarantee its implementation in accordance with the assumed plan.
The customer is obliged to have a document allowing for the identification of the person (ID card, passport, driving license) . (Tickets are personal for any Auschwitz related tours ).
Children and minors under 15 years of age may use our Services only if accompanied by an adult.
Reduced tickets are available to students up to 26 years of age, provided that they have a valid school ID.
We provide a child safety seat if it is notified of this at least 24 hours in advance. If the customer fails to inform us about the child's transport within the time limit referred to in the preceding sentence, the customer may be required to incur additional costs related to the necessity to ensure such transport by Magnetic Tours.
Disabled: Wheelchair cars are available by prior arrangement.
The instructions given by drivers and accompanying staff must be followed.
Every passenger in the vehicle has a statutory obligation to fasten seat belts.
Smoking in the vehicle is prohibited.
The customer is responsible for damages that he causes in the vehicle through his own fault.
Magnetic tours has the right to refuse to provide Services to customers who are under the influence of alcohol or drugs.
Magnetic tours has the right to refuse to provide Services to customers who threaten the safety of other customers or significantly affect their well-being.
The customer is obliged to respect the duration of breaks provided by the driver. The driver has the right to leave if the customer does not return to the vehicle after the specified break time.
In the event of non-compliance with the periods of breaks set by the driver or accompanying staff, Magnetic Tours does not guarantee the implementation of the Service in accordance with the assumed plan and is not responsible for it.
Carriage of goods, luggage:

Each passenger has the right to carry 1 piece of hand luggage, 1 piece of checked baggage during airport transfers, additional fees may be charged in case of a larger quantity.
Auschwitz Birkenau Museum: The maximum dimensions of bags or backpacks are 30 x 20 x 10 cm. Larger bags should be left on the bus.
Valuable goods such as cash, jewellery, precious metals, keys, electronic devices medicines, important documents and fragile items should be carried in hand luggage. We are not responsible for the loss of valuable goods carried by the customer in the vehicle, unless it is at fault.

VI The right to withdraw from the Agreement

The Customer being a Consumer who concludes a distance agreement can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days.
The lapse of the period for withdrawing from the agreement starts from the date of concluding the agreement.
The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement.
Upon receipt of the Customer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Customer’s electronic mail address.
In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item.
The Seller shall immediately, but not later than within 14 days from receipt of the Customer’s declaration on withdrawal from the Agreement, return to the Customer all the payments he has made. The Seller shall refund the payment with the same method of payment as was used by the Customer, unless the Customer agrees to another way of refund, whereas such a refund shall not generate any cost for the Customer.
The right to withdraw from Agreement by the Consumer or Entrepreneur with Consumer Rights shall be excluded in the following cases:

for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed – before the service was commenced – that upon completion of the service he shall lose the right to withdraw from agreement;
for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;

VI Complaints

The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
The Customer may complain to the Seller about functioning of the Shop and using the Services to the following e-mail : hello@magnetictours.eu .
The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.

VII Out-of-court complaint handling and redress procedures

The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.
Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection.
According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

VIII Force majeure

Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.
The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

IX Protection of personal information

The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy.
The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

X Final Provisions

All and any rights of the Online Service, including economic copyrights, intellectual property rights to its name, internet domain, the website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
These Terms and Conditions will be governed by the law of the Republic of Poland. In matters not regulated in these Terms and Conditions, the provisions of general Polish and European laws shall apply.
The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in UE.

Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Service presenting a list of amendments and their effective dates.