Terms and Conditions for the Reservation, Purchase and Use of Hour Packs

The service provider and seller of Hour Packs is Oleksandra Tailer-Melyn, conducting business under the firm name Oleksandra Tailer-Melyn, entered in the Central Register and Information on Economic Activity (CEIDG), NIP: 6772533001, REGON: 543183649, under the Bawialnia Kropka brand. Hereinafter in these Terms — the “Seller”.

Address: ul. Wrocławska 53M lok. LU3, 30-011 Kraków

E-mail: bawialniakropka@gmail.com

Phone: +48 600 644 269

An Hour Pack, hereinafter the “Pack”, is a package of time for use of the playroom, for example 10, 20 or 30 hours, with the validity period stated in the description of the relevant Pack.

These Terms do not cover the morning pass or class passes.

The available Pack options, number of hours, prices, validity periods and other material terms are stated on the selection and reservation page.

A Pack Reservation means a declaration by the Buyer of an intention to purchase a selected Pack, together with the preferred date and time of a visit to the premises.

A Reservation does not constitute the purchase of a Pack and does not result in the conclusion of an agreement concerning its purchase and use.

Buyer — a natural person who has made a Reservation or purchased a Pack and is the user of the relevant account.

Consumer — a Buyer who is a natural person and concludes an agreement with the Seller that is not directly related to their business or professional activity.

Pack User — a child or children added to the Buyer’s account who use the playroom in accordance with these Terms, the safety rules and current organisational instructions concerning safe and proper use of the playroom.

Additional terms stated in the Pack description before a Reservation is made or a purchase is completed at the premises may apply to a particular Pack.

When online payment is unavailable, the Buyer may reserve a Pack free of charge through the Bawialnia Kropka website.

Making a Reservation requires: a) logging in to the user account; b) selecting a Pack; c) providing the required contact details; d) stating the preferred date and time of the visit; e) reading these Terms; f) accepting the Terms.

By accepting the Terms, the Buyer confirms that: a) they have read them; b) they understand the rules of reservation, purchase, activation and use of the Pack; c) they agree that these Terms will form the content of the agreement to be concluded upon purchase of the Pack; d) they understand that a separate paper agreement is not signed at the premises unless required by law.

Information about acceptance of the Terms is stored in the system together with the date, time and version of the accepted document.

After making a Reservation, the Buyer receives a reservation confirmation at the indicated email address together with the accepted version of the Terms in PDF format.

The sent PDF file enables the Buyer to store and reproduce the content of the accepted Terms in an unchanged form.

Making a Reservation: a) does not create an obligation to pay for the Pack; b) does not constitute the purchase of a Pack; c) does not result in the conclusion of an agreement concerning the purchase and use of a Pack.

The Seller may contact the Buyer to confirm or agree a different visit time.

The date and time stated by the Buyer when making the Reservation are preferred and may require confirmation by the Seller.

The agreement concerning the purchase and use of a Pack is concluded at the Bawialnia Kropka premises when the Seller accepts payment for the selected Pack.

Activation of the Pack takes place promptly after payment is accepted.

A technical delay in activating the Pack does not affect the conclusion of the agreement or the Buyer’s rights. In the event of a technical delay, the Seller will, at the Buyer’s request, provide confirmation of payment and of the purchased Pack parameters on a durable medium, in particular by email.

Purchase and activation of the Pack do not require signing a separate paper agreement.

The content of the concluded agreement is determined by: 1) these Terms in the version accepted by the Buyer; 2) the description of the selected Pack; 3) the number of hours, price, validity period and other material Pack parameters confirmed before payment; 4) mandatory provisions of law.

If before purchase the Pack parameters have changed, or incorrect parameters were shown during the Reservation due to an obvious technical error, the Seller informs the Buyer before payment.

In that case, the Buyer may: a) decline the purchase without incurring costs; or b) purchase the Pack with the new parameters.

Making payment after receiving information about the changed Pack parameters confirms the Buyer’s acceptance of those parameters.

The Buyer’s acceptance of changed individual Pack parameters (price, number of hours, validity period or other terms of the Pack description) does not constitute acceptance of a new version of the Terms, unless the Seller and the Buyer expressly agree to apply that new version.

After payment is accepted, the Pack is assigned to the Buyer’s account and activated.

The validity period of the Pack is calculated from the moment of its activation.

The specific expiry date is determined at the moment of activation and is shown in the Buyer’s account and in the activation confirmation.

The Pack remains valid until the end of the day stated as the expiry date of its validity period.

After the validity period ends, unused remaining Pack time becomes unavailable for use and is not transferred to another Pack, except as provided in these Terms.

As long as unused time remains on the Pack, the Buyer may extend the Pack’s validity period at reception by a further 30 calendar days for a fee of PLN 10.

An extension may be arranged before the Pack’s validity period ends or within 7 calendar days starting from the day following the Pack’s expiry date.

After the validity period ends and until an extension is arranged, the Pack is inactive and cannot be used. Within 7 calendar days starting from the day following the expiry date, the Buyer may restore the ability to use the remaining time by arranging an extension.

If an extension is arranged before the current validity period of the Pack ends, 30 calendar days are added to the current expiry date.

If an extension is arranged within 7 calendar days starting from the day following the expiry date, the new 30-day period is calculated from the day the extension is arranged and paid for.

If an extension is not arranged within those 7 calendar days, unused remaining time is finally cancelled.

There is no limit on the number of extensions, provided unused time remains on the Pack at the time of the extension. The fee for each extension of the Pack’s validity period by 30 calendar days is PLN 10.

If the ability to use the Pack is substantially limited due to temporary closure of the premises, renovation, technical failure, a substantial reduction in opening hours, or another circumstance that in fact made it impossible to provide the service, the Pack’s validity period is extended by a corresponding period, unless mandatory provisions of law or an equivalent remedy individually agreed with the Buyer provide otherwise.

With the Buyer’s consent, another equivalent remedy may be applied instead of extending the validity period, including a proportionate refund of part of the price.

If the Seller permanently ceases to provide the services, the Seller refunds to the Buyer a portion of the price proportional to the unused Pack time, unless the parties agree on another equivalent way of performing the agreement.

Visit duration is calculated from the moment reception staff register entry until the moment exit is registered.

The Buyer or the person accompanying the child must notify reception when the visit ends.

If exit is not registered, visit duration is determined on the basis of available and verifiable data, in particular a record in the service system, information from reception staff, or the premises closing time.

In case of doubt, the Seller contacts the Buyer or — if the actual end time of the visit cannot be reliably established — decides in favour of the Buyer.

The minimum time deducted from the Pack for a single visit is 30 minutes per child.

After the first 30 minutes, time is deducted by the minute.

For example, if two children stayed in the playroom for 20 minutes, a minimum of 60 minutes is deducted from the Pack — 30 minutes for each child.

A visit is considered started when the entry of the child or children using the Pack is registered.

No more than one visit may be started under a single Pack on any calendar day.

After the visit ends and exit is registered, another visit under the same Pack cannot be started on the same calendar day.

A short-term departure from the premises does not end the visit and does not pause deduction of time from the Pack, unless otherwise expressly agreed with reception.

The Pack is assigned to the Buyer’s account and may not be sold or transferred to another person or to another account without the Seller’s consent.

A child may be accompanied by the Buyer or another adult authorised by the Buyer, in accordance with the safety rules and current organisational instructions concerning safe and proper use of the playroom.

Only children added to the Buyer’s account may use the Pack.

Adding other children to the account in order to transfer to third parties the right to use the Pack is not permitted without the Seller’s consent.

During a stay in the playroom, the Buyer, the person accompanying the child and the children must follow the safety rules and organisational instructions displayed at the premises or given by reception staff.

Such rules and instructions may concern only safety, the order of entry and exit, use of equipment and the day-to-day organisation of the premises. They may not change the price, validity period, remaining time, method of time calculation or other material terms of the purchased Pack, nor limit the Buyer’s rights arising from the agreement, these Terms or mandatory provisions of law.

As a rule, all children using the Pack within a single visit start and end the visit at the same time.

A separate end of the visit for one or more children is possible after notifying reception and separately registering their exit. Until a particular child’s exit is registered, time continues to be charged for that child.

A child’s re-entry after their exit has been separately registered is treated as the start of a new visit and is not permitted under the same Pack on the same calendar day.

If more than one child uses the Pack, the visit duration is multiplied by the number of children.

For example, if two children stay in the playroom for 60 minutes, 120 minutes are deducted from the Pack.

At least 30 minutes per child taking part in the visit must remain on the Pack in order to start a new visit.

If the remaining time is insufficient for the minimum charge for all children taking part in the visit, a Pack visit is not started.

In that case the Buyer may extend the Pack in accordance with these Terms or pay for the visit separately at the premises’ current standard tariff.

The remaining time is not cancelled until the Pack’s validity period ends, and if an extension is arranged — until the extended validity period ends.

The PLN 0.50 per minute rate applies only to additional stay after Pack time is exhausted during an already started visit.

If all available time on the Pack is used during an ongoing visit, the Buyer is required to pay for any additional stay.

The surcharge is PLN 0.50 for each minute of stay of one child beyond the Pack.

If two or more children continue the stay after all available time has been used, the PLN 0.50 surcharge for each minute is charged separately for each child.

Unused Pack time cannot be exchanged for cash, subject to the provisions of these Terms on the Seller’s liability and mandatory provisions of law.

Payment for the Pack is made at the Bawialnia Kropka premises during the agreed visit.

All Pack prices are gross prices, include applicable taxes and constitute the full amount payable by the Buyer for the Pack.

Before paying, the Buyer may check: a) the selected Pack type; b) the number of hours; c) the price; d) the validity period; e) the rules for use of the Pack by children added to the Buyer’s account; f) other material Pack parameters.

Before payment, the Buyer is also informed of the surcharge for stay after all available Pack time has been used.

Before accepting payment, the Seller confirms that the purchase is made in accordance with the version of the Terms accepted by the Buyer when making the Reservation and sent to the Buyer by email in PDF format.

If the Buyer wishes to purchase a Pack without a prior online Reservation, before payment the Buyer is given an opportunity to read the current version of the Terms and accept it electronically or in writing. Information about the date, time and version of the accepted Terms is stored by the Seller. The accepted version of the Terms is sent to the Buyer by email or provided in paper form or on another durable medium.

If a new version of the Terms is published after the Reservation is made, the agreement with the Buyer is governed by the version accepted by the Buyer when making the Reservation.

At the Buyer’s request, the Seller resends the accepted version of the Terms to the email address stated in the user account.

At the Buyer’s request, the Seller may also send the current version of the Terms.

Sending the current version of the Terms for information only does not change the terms of the agreement and does not constitute acceptance of the new version by the Buyer.

By making payment, the Buyer confirms the intention to purchase the Pack on the terms of the accepted version of the Terms, the Pack description and the parameters confirmed before payment.

Purchase and activation of the Pack do not require signing any additional documents at the premises.

The current payment methods available at the premises are communicated to the Buyer before payment.

After payment, the Buyer receives a purchase confirmation in accordance with applicable law.

After activation, the Buyer receives an electronic confirmation containing at least: a) the Pack name; b) the number of hours; c) the price paid; d) the activation date; e) the expiry date; f) the version of the Terms applicable to the agreement.

Information about the purchased Pack, its activation, remaining time and validity period is available in the Buyer’s account.

Until the Seller accepts payment, the Pack is not considered purchased.

If the Buyer does not attend at the agreed time, the Reservation may be cancelled.

The Buyer may contact the Seller in advance to arrange a different visit time.

The Buyer may cancel a Pack Reservation at any time until the Seller accepts payment.

Cancellation may be made: a) in the “My passes” tab in the user account; b) by telephone; c) by email; d) in person at the premises.

Making a Reservation does not create an obligation to pay for the Pack.

As the agreement concerning the purchase and use of the Pack is concluded at the Bawialnia Kropka premises when the Seller accepts payment, the statutory right of withdrawal without stating a reason that applies to agreements concluded at a distance or away from business premises does not apply to it.

This provision does not limit any other rights of the Buyer arising from mandatory provisions of law.

A complaint concerning reservation, purchase, activation or use of a Pack may be submitted:

• by email to bawialniakropka@gmail.com;
• in writing to the Seller’s address;
• in person at the premises.

The complaint should preferably include: a) the Buyer’s full name; b) the Reservation number or Pack number; c) a description of the issue; d) the preferred way of resolving it; e) contact details for receiving a response.

Absence of optional information is not grounds for leaving a complaint unexamined if the information provided is sufficient to examine it.

The Seller responds to a Consumer complaint within 14 calendar days of receiving it, unless mandatory provisions of law provide for a different time limit. The consequences of failure to respond within the established time limit are determined by applicable law.

The response to a complaint is provided to the Consumer on paper or another durable medium, in particular by email if the Consumer has indicated such an address for receiving the response.

A Buyer who is a Consumer may use free assistance from the municipal or district consumer ombudsman and available out-of-court consumer dispute resolution methods.

Information about out-of-court dispute resolution methods is available, in particular, on the website of the Office of Competition and Consumer Protection (UOKiK).

The Buyer’s personal data is processed for the purposes of: a) handling the Reservation; b) concluding and performing the agreement; c) maintaining Pack and visit records; d) handling complaints; e) fulfilling the Seller’s legal obligations.

The system may in particular store information about: a) the Buyer’s account; b) the date and time of acceptance of the Terms; c) the accepted Terms version; d) the date and time of the Reservation; e) the selected Pack; f) the preferred visit time; g) cancellation of the Reservation; h) payment and activation of the Pack; i) use of Pack time; j) entry and exit history; k) children using the Pack; l) data necessary for accounting and tax records.

Detailed information about the personal data controller, the legal grounds for processing, retention periods, data recipients, and the rights of data subjects is provided in the Privacy Policy available on the Bawialnia Kropka website.

Polish law applies to agreements concluded under these Terms.

This provision does not deprive consumers of the protection arising from mandatory provisions of law that are applicable.

In matters not regulated by these Terms, the provisions of Polish law apply, including in particular the Polish Civil Code and the Polish Consumer Rights Act.

The version of the Terms accepted by the Buyer before conclusion of the agreement applies to the relevant Pack, unless mandatory provisions of law provide otherwise.

Changes to these Terms do not affect rights acquired by the Buyer before such changes enter into force.

The current version of these Terms is available on the Bawialnia Kropka website.

These Terms enter into force on the date stated at the beginning of the document.