Regulations - valid from 01.11.2023

2023.10.31 (ostatnia modyfikacja 2023.10.31 10:39:00)

Regulations concerning the provision of services by electronic means

by PROMY24.COM

1.1 The website operating under the address PROMY24.COM is operated by the goods transport company Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna with seat at the address Kołobrzeska 28, 80-394 Gdańsk, Poland (referred to in the text as the ‘Controller’), entered into the business register of the Polish National Court Register by the district court of Gdańsk-Północ in Gdańsk, 8^th business department of the Polish National Court Register under the number KRS 0000066693, company capital of PLN 541,647.00 paid up in full, NIP (tax id.) no.: 584-10-31-823, e-mail address: bok@promy24.com.

1.2 The names ‘PROMY24’ and ‘PROMY24.COM’ as well as the PROMY24 logo are reserved, and may not be used in advertising or similar publications without the written consent of the company Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna under pain of nullity.

1.3 The content of the website (text, graphics, logos, mechanisms, software and solutions, technical specifications and product descriptions, embedded files) as well as all constituent components constitute the property of the company Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna and related companies.

1.4 The entire content of the Website is covered by protection pursuant to Polish and international copyright laws. It is forbidden to copy for commercial or non-private purposes, duplicate, publish using any polygraphic or electronic method, and to implement any other forms of use in full or in part of the information, data as well as other content originating from the website found at the address PROMY24.COM without written consent of the owner, under pain of nullity.

1.5 On the basis of art. 8 section 1 p. 1 of the Polish act on the provision of electronic services, the website PROMY24.COM, belonging to the entity indicating under p. 1.1 of the Terms, hereby establishes the present Terms of provision of services by electronic means (the ‘Terms’), and binds itself to adhere to it.

1.6. The Regulations are rendered accessible free of charge on the Internet website PROMY24.COM in a form which allows for their downloading, retrieval, saving and printing. Every person may become acquainted with the contents of the Regulations.

1.7 The commencement of usage of the Services using the Website available at the domain PROMY24.COM equals the acceptance of the present Terms and conclusion of a contract to provide services by electronic means. The user may, at any time, end usage of the Services, at which time the contract concerning the provision of services by electronic means is dissolved the moment the website is exited. The materials or commercial information published on the website, unless expressly noted otherwise, do not constitute an offer as understood by the provisions of the Polish civil code.

1.8 Definitions:

Definition of terms used in the regulations:

1.8.1 Polish telecommunications law – Polish act of July 16^th, 2004, Polish telecommunications law (Polish Journal of laws no. 2022.1648, meaning, of 05.08.2022., as amended).

1.8.2 Polish act on the provision of services by electronic means – the Polish act on the provision of services by electronic means of July 18^th, 2002 (Polish Journal of laws no. 2020.344, meaning, of 03.03.2020., as amended).

1.8.3 IT system – a set of cooperating computer hardware devices and software, providing processing and storage as well as transmission and reception of data by telecommunications networks using the end user telecommunications device suitable for the given type of network, as understood by the Polish telecommunications law.

1.8.4 Services provided by electronic means, Services or the Contract – execution of a service provided without the simultaneous presence of the parties (remotely), by way f transmission of data by individual demand of the service user, transferred and received by the use of equipment for the electronic processing, including digital compression and storage of data, which is sent, received or transmitted in its entirety by using telecommunications networks, as understood by the Polish telecommunications law.

1.8.5 Means of electronic communication – technical solutions, including IT equipment and cooperating software tools, allowing the individual, remote communication using the transmission of data between IT systems, in particular – electronic mail.

1.8.6 User – an entity making use of the website PROMY24.COM, who is a party to the contract concerning the provision of services, being a natural person (who is at least 18 years of age and has full capacity to perform legal operations), a legal person or an organisational entity without legal personality, who would bind themselves to adhere to the present Terms; the User is, in particular, any entity who would order the provision of specific services by electronic means, on the basis of the regulations described below.

1.8.7 Quick Quote module – a module designed by PROMY24.COM, allowing the calculation of fees for specific reservations allowing ferry transport, travel over bridges, tunnels or rail on the basis of data provided by the User, according to PROMY24.COM necessary to calculate the fee.

1.8.8 Commercial Information – any kind of information foreseen directly or indirectly for informing about the services or image of PROMY24.COM, excluding information allowing communication with a specific person through electronic means and information about goods and services not serving the achievement of any commercial result aimed at by PROMY24.COM.

1.8.9 Ferry specialist – an employee of PROMY24.COM entitled to draw up offers concerning Services offered by PROMY24.COM, to conclude contracts, provide information on Services offered by PROMY24.COM.

1.8.10 Booking Order, or Booking – a contract concluded in each case for individual reservations, allowing ferry crossings, bridge or tunnel crossings or rail crossings, between PROMY24.COM and the User.

1.8.11 Privacy Policy – the terms governing the collection and processing of personal data of Users as well as storage and protection of information.

1.8.12 Offer – an individual offer of reservations allowing ferry crossings, crossings using bridges, tunnels or rail, drawn up by Specialists of PROMY24.COM and aimed at the User, created on the basis of data provided by the User, and calculations conducted on their basis in the Quick Quote module.

1.8.13 General Terms of Carriage (Terms) – general terms of provision of services by marine, inland waterway, rail carriers, by managers or operators of roads and bridges, as provided by the Website. The above term describes in particular additional contractual conditions described by individual ferry carriers, tunnel and crossing operators, which will be downloadable, readable and recordable on PROMY24.COM in each individual case, and which would remain in force each time with respect to the selection of offers by the relevant marine, inland waterway or rail operators, road and bridge managers and operators, without the necessity to conclude an additional agreement.

1.8.14 Cookies – computer data, in particular minute text files, recorded and stored on devices that the User operates to utilise the Website pages.

1.8.15 Controller Cookies – Cookies uploaded by the Controller, related to the provision of services by electronic means by the Controller using the Website.

1.8.16 External Cookies – describes Cookies uploaded by Controller partners via the Website.

1.8.17 Website, Portal, Domain – in each case, the website or application, under which the Controller would operate their website, under the domain name PROMY24.COM.

1.8.18 Your Cargo Booking module – a module, designed by PROMY24.COM, uploaded to the Website, allowing the User to conclude a Booking Reservation contract, with the Quick Quote module being one of its constituent components.

1.8.19 Ferry carrier, operator or owner, whereby these terms may be used interchangeably – any entity performing a service covered by a reservation, in particular an entity actually providing carriage by a ferry, train or through a tunnel, over a bridge or via a crossing.

1.8.20 Polish civil code – Polish act of April 23^rd, 1964, the Polish civil Code (Polish Journal of Laws no. 2023.1610, meaning, of August 14^th, 2023, as amended).

1.8.21 Consumer – a natural person performing with a business operator a legal act that is not directly related to their business or professional activity.

1.8.22 Professional – a natural person concluding a contract directly related to their business, when the wording of the contract would show that it would not have professional character for them, in particular pursuant to the object of business activity operated by it, made available in particular on the basis of provisions concerning the Polish Central Business Register (Pl. CEIDG).

1.8.23 Polish consumer rights act – Polish act of May 30^th, 2014, on consumer rights (Polish Journal of Laws no. 2020.287, meaning, of 21.02.2020., as amended).

1.8.24 Bunker Adjustment Factor, BAF – variable fuel price correction fee, an additional fee to the basic marine freight fee, determined to be valid for a specific period (e. g. a month) by shipowners/ carriers for the purpose of balancing out of possible losses due to changes on the fuel market.

2. The conditions of conclusion and dissolution of Contracts as well as technical activities making up the Contract conclusion procedure are described in provisions of p. 2 and p. 3 below.

2.1 Reservations may only be made via the Website available under PROMY24.COM, using the module Your crossing. Having selected the options necessary to conclude a specific Booking Order Contract, the User enters into the IT system data necessary to calculate the fee due for the reservation and conclusion of the Contract. The User indicates the object and scope of the booking, and introduces other data required by PROMY24.COM and (o) the ferry carrier/ tunnel, road or bridge operator. On the basis of the information provided by the User making use of the module Your Cargo Booking, the IT system calculates the fee due for the reservation on the basis of carrier tariffs and the foreign exchange rate table C of the National Bank of Poland in force on the day of making the reservation, taking into account current special offers for the User on the basis of an individual promotional code.

2.2 In course of provision of data necessary for the purpose of the Reservation Booking, this data is validated as entered (the User is concurrently notified about mistakes identifiable by the IT system in course of completion of the submission, through relevant messages). Before the ultimate confirmation of the Booking Order, the User is provided with a summary of the content of the Booking Order made, with the option of modifying the data, which, in their view, have been entered in error.

2.3 The User is obliged to submit, using the Your Cargo Booking module, correct data. The User is responsible for entering false, mistaken, incorrect or incomplete data. PROMY24.CO in particular is not liable against third parties, whose data was included in the application form, without their knowledge or consent.

2.4 When filling in data in the Your Cargo Booking module, it is possible to make use of context help that would include clarifications or suggestions as to how to complete a specific field, available as the mouse pointer is hovered over a specific question mark symbol. Context help includes clarifications to terms used in the module, suggestions as to where one should search for information necessary to complete specific fields, clarifications of abbreviations of names used in the Your Cargo Booking module.

2.5 The User may commence and conclude usage of the module Your Cargo Booking at any time.

2.6 The User logs in to submit a Booking Order using their unique login and password data.

2.7 The placement of an Order equals to having confirmed acquainting oneself and understanding, as well as accepting, the rules and terms described in the General Terms of Carriage, and acceptance and confirmation of the present Terms.

2.8 Having submitted a Booking Order, the User loses the capability to introduce any changes in the order form using the module Your Cargo Booking. Any changes to order data will be possible exclusively via the relevant Ferry Specialist.

2.9 All operations and orders ordered within the scope of the module Your Cargo Booking, if the User would provide the information required by PROMY24.COM correctly, are considered to have been ordered by the User. PROMY24.COM is not liable in case of usage of the Service by unauthorised parties through the above-indicated data of the User. PROMY24.COM points out the necessity of the User to undertake specific security measures, including not disclosing information required to submit Booking Orders and not disclosing the login credentials discussed in the present Terms.

2.10 Should the login name and/ or password, described in section 2.6 of the Terms, be lost, the User loss the option to submit Booking Orders via PROMY24.COM. In such a case, all modifications of the data saved will be possible exclusively via the Ferry Specialist.

2.11 In order to gain access to the password, one should use the password change form available at PROMY24.COM.

2.12 Form fields found at PROMY24.COM necessary to provide Services shall be marked as fields, the completion of which by the User is obligatory (the marking shall be made using the asterisk symbol ‘*’).

3. Detailed description of the procedure entailing the conclusion of the Contract.

3.1 By using the search engine placed at the main page of PROMY24.COM in the Your Cargo Booking module, the User selects the options of ferry carriage that would be favourable to them. The route is selected by entering names of ports or by moving to a map screen and clicking the relevant crossing. In addition, they provide additional data concerning the date and time of the journey, the length of the vehicle and the number of drivers.

3.2 Having selected the options described under p. 3.1, the search engine would, in the subsequent stage, return a price offer in the Quick Quote module. The prices indicated at this stage are net prices that are exclusive of the BAF, and calculated on the basis of data entered by the User per p. 3.1.

3.3 Following the selection of a specific entry from the price quite, the User is presented with the total payable amount including all components of the price. The User completes the data on the vehicle and cargo, and, should they influence the total price, it is updated in real time. At this stage, the User is also able to enter a rebate code, should they have one. If the code is active, then the presented price shall be updated in real time.

3.4 When the User would indicate confirmation of the Order, logging in is necessary. Should the User be able to utilise individual fees, other than those included in the presented price offer, established with a Ferry Specialist of PROMY24.COM, then the prices will be updated accordingly after logging in.

3.5 Should the User not have a delayed payment deadline set forth together with the Ferry Specialist, then having seen the summary, they choose the mode of payment: A traditional bank transfer or an on-line payment form. In case of a traditional bank transfer, it is necessary to provide a confirmation of execution of the operation, as generated by the User bank. In case of on-line payment, the User is transferred to an external site of the on-line payment operator, where they make the payment.

The on-line payment operator is the company Autopay Spółka Akcyjna with seat at the address Powstańców Warszawy 6, 81-718 Sopot, Poland, registered by the district court of Gdańsk-Północ in Gdańsk, Poland, 8^th business department of the Polish National Court Register under the number KRS 0000320590.

If the User would have a delayed payment deadline, then the Order submitted by them is completed omitting this step.

3.6 Upon submission of the Booking Order, the User receives on their e-mail box indicating when placing the order, a detailed summary of the Order made, including its current status. The User is notified by an e-mail message of any change of the Order status.

3.7 Having received confirmation of payment, if necessary, the Ferry Specialist sends to the User, using the selected channel (e-mail, SMS) a confirmation of the Booking made, including the reservation number, if one is available for the route selected by the User.

4. Services

4.1 On the basis of the present Terms, the website PROMY24.COM, within the scope of the website, provides the User, by electronic means, Services allowing the conclusion of Booking Order contracts and allowing the acquaintance with the offer and activity of PROMY24.COM, for the purpose of providing:

1) information related to the scope of offered ferry connections, and the handled rail, bridge and tunnel crossings and connections, as well as the activity of PROMY24.COM;

2) The module ‘Your Cargo Booking’ allowing the User to acquaint themselves with the offer of services provided by PROMY24.COM, drawn up on the basis of information provided by the User, as well as the submission by the User of an electronic motion to conclude a Booking Order Contract on the basis of the offer drawn up in the Quick Quote module. Via the Your Cargo Booking module, the User may conclude a Booking Order Contract, considering the General Terms of Carriage available at PROMY24.COM;

3) The module ‘Quick Quote’, a component of the ‘Your Cargo Booking’ module, allowing the calculation of the fee for the individual bookings, allowing a ferry crossing, crossing over a bridge, via a tunnel, or using a rail connection, on the basis of data provided by the User, necessary, as viewed by PROMY24.COM, to calculate the fee.

5. ‘Your Account’ app

5.1 The app ‘Your Account’ allows the following:

1) Modification of account data provided by the User when registering with PROMY24.COM;

2) Access to the Account Password Change form;

3) Access to the User Order Archive, where details are presented, including current status information of all Booking Orders submitted by the user via PROMY24.COM.

6. Conditions of conclusion and dissolution of contracts of Service provision by electronic means.

6.1 The User may terminate usage of the Services at any time. The legal effects of conclusion of usage of the Services are set forth by unconditionally valid provisions of the law concerning the legal character of the provided service, as well as actual circumstances.

6.2 Reserving p. 8.4, the Contract concerning the provision of services by electronic means is dissolved automatically, without the need to make any additional statement, at the moment of exiting of the Website PROMY24.COM by the user, within the scope of which the Service is provided, unless the User had submitted a legally binding Booking Order. In such a case, the Contract is dissolved on the basis of the Terms negotiated by the Parties or in line with the present Terms.

6.3 The ‘Booking Order’ Service is dissolved at the time relevant for the cancellation procedures of the individual carriers, managers or operators of roads and bridges, the connections offered by whom were selected by the User to make their booking, pursuant to the General Terms of Carriage available at PROMY24.COM.

6.4 The Website declares that, as a rule – reserving special cases set forth in the General Terms of Carriage of the individual Operators – in case of cancellation of the booking, the return of the resources paid by the User takes place always if the crossing booked would not take place. The reimbursement of the resources paid by the User in the form of a traditional bank transfer and electronic bank transfer handled by the on-line payment operator shall be returned to the bank account of the sender. The resources paid by the User using a payment card are reimbursed to the bank account of the card used for payment. The return of the resources made by the Ordering Party takes place within fourteen days.

6.5 The right of the User described under p. 6.4, if they would be a business operator pursuant to art. 473 of the Polish Civil Code is limited amicably by the Parties to two hours before the booked time and date of the crossing being booked. In case of cancellation of the booking within less than two hours before the time and date of the crossing being booked, the User, if they are a business operator, shall be charged with lump sum processing costs of cancellation of the booking as set forth under item 6.8.4.1.

6.6 The Website PROMY24.COM informs that exceptions to the rule indicated under p. 6.4 are in particular fees foreseen by individual operators in the General Conditions of Carriage – in particular No Show fees – charged by the ferry operator for ultimate non-execution of the ferry carriage service, regardless of the reason for this state of affairs.

6.7 In each case, the Website PROMY24.COM makes the reservation that in situations, when the abandonment of a booking would be due to fault of the User, the reimbursable due amount may be reduced by any contractual penalty amounting to 10% of the fee to be reimbursed.

6.8 The website PROMY24.CO reserves the right to charge the User with additional fees covering processing costs related to the emergence of the following incidents due to User fault, in case:

6.8.1.1 Submission of a driver count not in line with the actual state of affairs;

6.8.1.2 Submission of vehicle dimensions not in line with the actual state of affairs;

6.8.1.3 Submission of vehicle registration numbers and filing to correct the data at the expiry of at least four hours before the date and/ or time of the crossing booked; (for 6.8.1.1 to 6.8.1.3) – EUR 5;

6.8.2.1 Failure to indicate the carriage by the vehicle subject to the booking of a hazardous load, or, where necessary, failure to deliver complete ADR documentation 24 hours before the date and time of the crossing booked – EUR 55;

6.8.3.1 Failure to indicate the fact that the vehicle being the object of the booking is an oversize vehicle, meaning that at least one of its complete dimensions exceeds: the length of 19 m; the width of 2.5 m; the height of 4 m; the weight of 44 tons – EUR 15;

6.8.4.1 Failure to submit the cancellation of the crossing booking at 48 hours before the date of the crossing booked; does not apply to routes with a No Show fee – EUR 20;

6.8.5.1 Failure to report the carriage of animals – EUR 5.

All the fees indicated above are recalculated in PLN according to sale exchange rates indicated by the National Bank of Poland (table C) from the date of drawing up of the specific debit note.

7. Responsibility

7.1 The User may not use the Service anonymously, as the property of the Service requires the provision of personal data, or the obligation to indicate personal data stems from the mode of usage of the Service. However, in case of forbidden usage of the Service, meaning, usage in a manner that would be contrary to the present Terms or the valid provisions of the law, PROMY24.COM has the right to process the personal data of the User within the scope necessary to determine their liability. PROMY24.COM will notify the User about forbidden actions, demanding an immediate cessation thereof, and about the processing of the personal data for the purpose described above.

7.2 It is forbidden for the User to provide unlawful, offensive content, content that would be erroneous or misleading, content including viruses or content that may cause interruptions, interference or damage to IT systems. Should PROMY24.COM receive trustworthy information about the illegal character of the data bring stored that was provided by the User, PROMY24.COM may prevent access to this data. PROMY24.COM will not be responsible against the User for damages caused as a result of inability to access illegal content. In case of acquiring trustworthy information about the illegal character of the data, PROMY24.COMM will notify the user of the will to prevent access to the data. Should the User provide content and data as described above, PROMY24.COM will be entitled to submit a damage compensation claim directly to the User, on the basis of regulations described in the Polish Civil Code.

7.3 In any case, in which the Service would require the User to submit specific data, the User obliges themselves to provide actual, precise, complete data that will not be misleading. The results of incorrect completion of forms by the Website user, in particular entailing the User providing misleading or incorrect data, remain the sole responsibility of the User.

7.4 PROMY24.COM bears no liability for the lack of access to the Website for reasons, for which PROMY24.COM is not responsible. For reasons of security, and for any other causes independent of PROMY24.COM, PROMY24.COM has the right to temporarily suspend access to the Website for the period necessary to remove the emerging risks or flaws. PROMY24.COM is not liable for temporary suspension of access to the Website.

7.5 PROMY24.COM provides at the Website links to third party websites. By using these links, the User abandons the Website pages. PROMY24.COM is not liable in any way for the content of third party websites, the software, products and materials available there, and is not liable for the effects of their use. Any User, attempting to access third-party websites connected to the Website, performs this action at their own responsibility.

7.6 Reserving the limitations stemming from unconditionally valid provisions of the law, PROMY24.COM is not liable for damage in relation to the Website or its use, or the inability to use any one of the pages, or in relation to incorrect activities, errors, shortcomings, interference, defects, operation or transmission delays, computer viruses, failures of lines or systems.

7.7 Should flaws be found in the usage of the Website, in particular, instances or circumstances that could harm the interests of the User or PROMY24.COM, then PROMY24.COM has the right to block access to the Website for any period of time determined by PROMY24.COM. PROMY24.COM is not liable for any limits of access to the Website.

7.8 PROMY24.COM is not responsible for Users using the Website for purposes and in manners contrary to the provisions of the present Terms.

7.9 PROMY24.COM is responsible for interruptions in actual ferry services:

a) exclusively when such responsibility is taken over on the basis of provisions of separate contracts;

b) within the scope specified on the basis of a separate contract.

7.10 PROMY24.COM does not bear responsibility for the following:

a) damage and/ or losses caused by natural disasters or other events of force majeure;

b) damage and/ or losses as a result of strikes of employees of PROMY24.COM and/ or their business partners or the employees of harbour companies, as well as lockouts;

c) damage and/ or losses caused as a result of wars, uprisings, civic unrest, etc.

d) damage and/ or losses caused by regulations or actions by local governments;

e) damage and/ or losses caused by unavailability of employees and/ or for other reasons necessary for the operation of the business PROMY24.COM and/ or their business partners, or employees of harbour or ferry companies;

f) damage and/ or losses caused due to fires, explosions, theft, save for situations, if this damage arises due to neglect by PROMY24.COM;

g) damage and/ or losses caused by actions of the User and the persons they would employ;

h) damage and/ or losses due to properties and flaws of the cargo and/ or packaging being carried;

i) losses due to delayed arrival of cargo and interruptions in operation of User transport resources;

j) the condition of cargo sensitive to weather conditions, stored in the open, if PROMY24.COM would not deem otherwise;

k) damage caused by wrong protection or fixing of the User vehicle or the cargo found therein;

l) damage, the disclosure of which would require a special technical inspection, if such was not ordered by the User;

m) effects caused by insufficient or erroneous completion of Order forms;

n) damage caused by physical, chemical and biological properties of the goods carried by the User or other guests of the ferry trip.

7.11 The liability of PROMY24.COM encompasses claims covered by direct and normal cause and effect relationships.

7.12 The damage compensation amount for damage, for which, pursuant to the present Terms, PROMY24.COM would bear responsibility with respect to each individual event, may not be higher than: (1) the amount of damage compensation for damage, for which PROMY24.COM is liable, may not exceed the ordinary value of damaged User cargo – if the damage compensation would apply to a part of the shipment, then damage compensation may not exceed the value of the part of the cargo proportional to the ordinary value of the entire shipment; (2) the compensation amount for damage, for which PROMY24.COM is liable, may not exceed justified repair costs; (3) in any other case, the compensation for damage, for which PROMY24.COM is liable, may not exceed the amount of USD 2,500.00.

7.13 In case of loss of or damage to goods as a result of execution of a transport contract, the limitation of liability and legal recourse due to the carrier within the scope of that contract also apply with respect to PROMY24.COM.

7.14 PROMY24.COM does not bear responsibility for delays of ships, delays of deliveries of goods carried by the User or delays in the availability of ferries. PROMY24.COM is not responsible for the consequences of the above-indicated delays in the form of lost profit, lost revenue or loss of business, personnel costs, costs of inspections or any intermediate or secondary losses or damage of any kind.

7.15 Should the valid provisions of the law foresee other limitations of liability of PROMY24.COM, the selection of the chosen limitation rests with PROMY24.COM.

8. Complaints

8.1 Users are entitled to submit complaints in issues concerning contracts.

8.2 Complaints concerning the provision of Services by PROMY24.COM, including concerning the conclusion and execution of Contracts, should be submitted as follows:

a. in writing at the address Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna with seat at the address Kołobrzeska 28, 80-394 Gdańsk, Poland

b. by e-mail at bok@promy24.com.

8.3 A correctly submitted complaint should include the following data: first and last name of the User, Booking no. or invoice no. (if the Contract was concluded), a description of the problem forming the basis of submission of the complaint.

8.4 Should the User stand in opposition against the decisions of PROMY24.COM concerning the decline to satisfy the claim or the claim or compensation amount, or should they wish to file a complaint or objection related to the conclusion or execution of a Contract, they may submit a motion to have the case analysed to the Board of the goods transport company Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna.

8.5 Motions, complaints or objections described in sections 8.3 and 8.4 above shall be processed within fourteen days from the day of arrival of the writing at the Site. The Site will undertake actions aimed at the clarification of the issue or removal of the problem. The result of analysis of the motion shall be notified by the Website to the user in writing, by phone or e-mail, to the e-mail address given in the complaint submission or the motion for booking.

8.6 The Consumer and the Professional are entitled to make use of extrajudicial modes of processing of complaints and raising of claims. Detailed information concerning the possibility of usage of extrajudicial forms of processing of complaints and raising of claims are available at the website of the Polish office for consumer protection at https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php and at https://polubowne.uokik.gov.pl/. In addition, the rules of access to extrajudicial procedures of complaint resolution and raising of claims are available at the seats and websites of county (city) consumer protection representatives, social institutions, the tasks of which, according to their statutes, include protection of consumers, as well as the voivodeship trade inspection inspectors. Usage of extrajudicial modes of processing of complaints and raising of claims is voluntary and may only be utilised if both parties agree.

9. Withdrawal from the contract concerning the provision of Services by electronic means

9.1 A User being a Consumer or Professional may, within fourteen days of conclusion of the Contract, withdraw from it without stating a reason, taking into account the provisions indicated in the content of the Legal Information concerning Contract withdrawal, constituting Attachment no. 2 to the present Terms.

9.2 Withdrawal from the Contract in a case as described in section 1 above may take place before the operator would commence to provide the Service, by submitting to the goods transport company Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna a statement concerning withdrawal from the Contract. The statement may be made using the form, the template for which is found in Attachment no. 2 to the Terms. The usage of the form template found in Attachment no. 2 to the Terms is not obligatory, however, allows the adherence to formal conditions. The submission of the statement of withdrawal from the Contract may take place in writing, through the sending of a writing to the address Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna with seat at the address Kołobrzeska 28, 80-394 Gdańsk, Poland; by e-mail to the address bok@promy24.com; by fax to 0048 58 76 999 33.

9.3 The right to withdraw from the Contract in a case described in p. 9.1 is not due if the Service was rendered fully with express consent of the User.

9.4 Should the User withdraw from the Contract pursuant to the Terms described under p. 9.1 before the operator would commence provision of the Service, the User shall receive a full refund of the amount paid.

9.5 Should the User withdraw from the Contract pursuant to the Terms described under p. 9.1 following the commencement of the provision of the Service by the operator, with the consent of the User, the User shall receive a partial reimbursement of the amount paid – proportionally to the scope of service rendered. The reimbursement of the amount paid by the User as a traditional and on-line transfer handled by the on-line payment operator takes place by way of a return to the sender’s bank account. The reimbursement of amounts paid by the User using a debit card takes place to the bank account of the card used for payment.

9.6 The reimbursement of amounts paid by the User on the basis of provisions set forth under p. 9.4 and 9.5 shall take place within fourteen days from the submission of the statement constituting the right of the User to receive the reimbursement.

10. Closing provisions

10.1 The Contract is concluded in Polish. Polish is used in correspondence with the User over the entire Contract period.

10.2 The Contract is concluded in line with the provisions of the law of the Republic of Poland valid for the relationship between PROMY24.COM and the User before the conclusion of the Contract, for the purpose of its conclusion and for the purpose of its execution. Issues not governed by the present Terms of provision of electronic services, in particular in terms of the submission of statements of will in electronic form, are covered by provisions of the Civil Code of Poland, the Polish act on the provision of services by electronic means, the Polish consumer rights act as well as other valid acts of law.

10.3 PROMY24.COM reserves the right to amend the present Terms at any time by the modification of the content of the Website through uploading to the Website. New provisions of the Terms shall apply to Contracts concluded following the day of uploading of the new wording of the Terms.

10.4 The company Przedsiębiorstwo Przewozu Towarów PKS Gdańsk-Oliwa Spółka Akcyjna processes personal data provided by the users in line with valid provisions of the law and in line with the Privacy Policy available at: https://pks-sa.com/en/privacy-policy.html .

10.5 Disputed issues shall be settled by the competent court of law for their analysis, being the common court of law covered by the area of the court of appeals in Gdańsk, Poland, on the basis of Polish legal provisions. Issues of dispute with Consumers and Professionals shall be subject to the court competent pursuant to the current provisions of the law.

Attachments:
- Attachment_no._1_–_Legal_information_concerning_the_withdrawal_from_the_Contract.doc
- Attachment_no._2_–_Contract_withdrawal_form_template.doc