TERMS AND CONDITIONS OF SERVICE RESERVATION AT INDOOR GOLF WROCŁAW
§1
DEFINITIONS
SERVICES – services offered by the Service Provider, including rental of game stations at the Trackman golf simulators and delivery of golf lessons using the Trackman simulators.
RESERVATION – an agreement between the Client and Service Provider which regulates delivery of the Services at a specified time for a set price.
SERVICE PROVIDER – Indoor Golf Sp z o.o. with registered office in Wrocław at Braniborska 14, 53-380 Wrocław, entered into the Register of Entrepreneurs kept by Wrocław-Fabryczna District Court, VI Economic Division of the National Court Register under KRS no. 0000899471, NIP: 8971891690, REGON: 388900510.
CLIENT – a person with full capacity to perform acts in law or conducting economic activity, legal person or organizational unit which is not a natural person and is given legal capacity according to special regulations, that uses the Services offered by the Service Provider.
FACILITY – Indoor Golf Wrocław located at Braniborska 14, 53-680 Wrocław (phone no. +48 71 734 57 67, email: info@indoorgolfwroclaw.pl) managed by the Service Provider.
TELEINFORMATIC SYSTEM – an array of cooperating computer devices and programs which grant the ability to process, store, send and receive data over telecommunication networks using end devices appropriate for a given network type and in accordance with any telecommunication laws.
ELECTRONIC COMMUNICATION MEANS – technical solutions, such as teleinformatic devices and assisting software tools, which enable direct long-distance communication over data transmission solutions between teleinformatic systems (email in particular).
RESERVATION CONFIRMATION – digital document sent by the Service Provider to the email address specified by the Client during reservation, which states the terms and conditions of the reservation, including the Client’s data, information about the Service option, and the amount to pay for the Service.
USER ACCOUNT – section of the website assigned directly to a particular Client which enables to manage reservations, for example cancel existing and make new reservations or modify the data provided during reservation.
PERSONAL DATA CONTROLLER – Indoor Golf Sp z o.o. with registered office in Wrocław at Braniborska 14, 53-380 Wrocław, entered into the Register of Entrepreneurs kept by Wrocław-Fabryczna District Court, VI Economic Division of the National Court Register under KRS no. 0000899471, NIP: 8971891690, REGON: 388900510.
§2
GENERAL PROVISIONS
- These Terms and Conditions govern making and cancelling Reservations, available forms and means of payment for Reservations, usage of Reservation Confirmations and processing of complaints at Indoor Golf Wrocław.
- Client makes a Reservation using the Teleinformatic System managed by the Service Provider or by Electronic Communication Means.
- These online Service Reservation Terms and Conditions are constantly available at the website hosted under www.indoorgolfwroclaw.pl in a way which enables reading, downloading, and copying their content by printing or saving to a different media at any moment.
- The website indoorgolfwroclaw.pl is administered by the Service Provider.
§3
RESERVATIONS
- To make an online Reservation via the Teleinformatic System supplied by the Service Provider the Client must use any of the widespread Internet browsers.
- Online Reservation is made by filling out the reservation form.
- In order to make a Reservation, the Client must create a User Account (for new Clients) or log into an existing User Account (for Clients who previously made a Reservation).
- After a Reservation is made the Service Provider will send a Reservation Confirmation to the email address supplied by the Client. Every Reservation Confirmation includes the Client’s information, date and time of the Service, the amount to pay for the Service at the Facility and the payment method.
- Reservation is valid only after the Client receives the Reservation Confirmation from the Service Provider.
- Reservations for Services lasting longer than two hours require a 50% advance payment.
- Client who does not cancel the Reservation at least 12 hours in advance before the Service due date is obligated to pay the full price for the Service, whether the Client has used the Service or not. In such cases the Service Provider can release the Client from the obligation to pay the full price or its part.
- To make a Reservation for a lesson with an instructor the Client is first required to contact the chosen instructor and confirm date and time of availability.
- Service Provider does not guarantee constant availability of instructors during the working hours of the Facility. All lessons with instructors must be scheduled in advance.
- In the event that the Service defined in the Reservation is impossible to deliver, the Service Provider reserves the right to provide a Service of comparable standard on the date specified in the Reservation.
§4
PRICES AND METHODS OF PAYMENT
- Prices available in the reservation system are provided in Polish Zloty (PLN) and include VAT.
- Available payment methods:
a. Cash – in the Facility
b. Payment card – in the Facility
c. Wire transfer – sent to the Service Provider’s bank account with the following details:
Indoor Golf Sp z o.o.
Braniborska 14
53-680 Wrocław
Account no: PL 34 1140 2004 0000 3802 8123 8055
d. Electronic payment – made during the online reservation process - Electronic payments are handled by the online payment processor “Stripe”.
- Any additional fees related to wire transfers are covered by the Client.
- Client is obliged to make the applicable payment using any of the available payment methods before the due date of the Service covered by the Reservation. If such payment is not made within the time limit, the Service Provider will issue a request for payment. Service provider reserves the right to refuse the Service provision to the Client in the event of unsuccessful fulfillment of such request.
- Service Provider reserves the right to make changes in the Service pricing at any time. Any such changes do not affect existing Reservations made prior to the pricing changes.
§5
RESERVATION CANCELLATION AND CHANGES
- In order to cancel an existing Reservation or make any changes in the Reservation, the Client must contact the Service Provider no later than 3 hours before the start of the Service covered by the Reservation.
- If the Reservation is made using the online service reservation system, the Client can log into their User Account and cancel a confirmed Reservation on their own, provided it is no later than 3 hours before the start of the Service covered by the Reservation.
- Cancellations made later than 3 hours before the start of the Service are subject to cancellation fee in the amount of 50% of the Service price.
- Any applicable refunds resulting from Reservation cancellation will be returned within 14 days to the payment method used by the Client when making the Reservation.
§6
COMPLAINTS
- Any complaints concerning Reservation of Services at the Service Provider’s Facility should be directed to the following email address: rezerwacje@indoorgolfwroclaw.pl
- Complaints can be submitted up to 14 days from the date when the Service was or should be delivered.
§7
AGREEMENT CONCLUSION AND TERMINATION
- Conclusion and termination of the Service agreement between the Client and the Service Provider is comprehensively described within these Terms and Conditions.
- Client is not entitled to withdraw from the Service Reservation agreement based on Article 38, Clause 12 of the consumer rights law from May 30th 2020 (Government Gazette from 2014 item 287 with further changes).
§8
PERSONAL DATA
- By making a Reservation the Client agrees to save their personal data in the online reservation system database of the website administered by the Service Provider. Client’s personal data will be used to process the order, support their visit on our website, and for other purposes described in our Privacy Policy.
- Collected data will be processed only to comprehensively handle the Service Reservation and in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th 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 the Directive 95/46/EC (General Data Protection Regulation – EU Official Journal L 119/1) further referred to as GDPR.
Personal Data Controller will make every effort to protect Client’s privacy and any received information concerning the Client. The Service Provider chooses and applies suitable technical measures, including software and organizational mechanisms, with due diligence in order to protect received information, especially to secure the processed data from access by unauthorized persons, disclosure, loss, destruction, unauthorized modification and unlawful handling. - Submission of required data by the Client is voluntary and is necessary for the Service Provider to perform Services through the indoorgolfwroclaw.pl website.
- Personal data will be processed for the period necessary to perform the Services and marketing activities or to provide different Services for the Client. Personal data will be removed in the following cases:
– when the data subject submits a request to remove the data or withdraws the consent to store them;
– when the data subject will not make any actions for 10 years (inactive contact);
– when the Personal Data Controller receives information that the data is outdated or inaccurate.
Specific data, such as email address and full name, can be retained for three consecutive years for proof, complaints, and claims purposes related to the Services and the Service Provider’s performance. This data will not be used for marketing purposes.
Information related to Service reservation, contests, and loyalty programs, including data necessary for bookkeeping, will be retained for five years from the end of the calendar year, when related taxes were due.
Personal data concerning preferences, actions, and selection of marketing materials can be used to support automatic decision making regarding sale opportunities at the indoorgolfwroclaw.pl website. - Based on the GDPR regulations you can:
- request access to your personal data;
- request correction of your personal data;
- request deletion of your personal data;
- request to limit the processing scope of your personal data;
- object to processing of your personal data;
- request to move your personal data.
Personal Data Controller will inform you about any actions taken in relation to your GDPR complaint without undue delay but no later than within a month from when the complaint was submitted. The one month deadline can be extended by another two months in case of a complicated complaint or if there is a big number of complaints submitted.
In any case, the Personal Data Processor will inform you about such extension within one month from when the complaint was submitted and will state the reason for the deadline extension.
6. Right to access personal data (Article 15 of GDPR)
– You have the right to obtain from the Personal Data Processor the information about whether your personal data are processed. If the Personal Data Processor is handling your personal data, you have the right to:
– access your personal data;
– receive information about purposes of data processing, categories of data processing, receivers and types of receivers of your data, planned retention period of your personal data and the criteria used to establish the retention period, your rights based on GDPR along with privilege to submit a complaint to supervisory authority, source of the data, automated decision making concerning your data, including profiling, and security measures used when such data are transmitted outside of the European Union;
– receive a copy of your personal data.
To request access to your personal data, please submit an application to: info@indoorgolfwroclaw.pl
7. Right to correct your personal data (Article 16 of GDPR)
If your personal data stored by the Personal Data Processor is incorrect or incomplete, you have the right to request immediate implementation of necessary data corrections or supplementations. Appropriate requests should be submitted to: info@indoorgolfwroclaw.pl
If you made a Reservation using the indoorgolfwroclaw.pl website, you can correct and complete your personal data by yourself after signing into the User Panel on the website.
8. Right to remove personal data (right to be forgotten; Article 17 of GDPR)
You have the right to request the erasure of personal data by the Personal Data Processor without undue delay where one of the following grounds applies:
the personal data is no longer necessary in relation to the purposes for which it were collected or otherwise processed;
you withdraw the consent on which the processing is based;
your personal data has been unlawfully processed;
you withdraw the consent to process your personal data for direct marketing purposes, including profiling, within the scope related to direct marketing;
you withdraw the consent to process your personal data for performance of a task carried out in the public interest or for compliance with a legal obligation vested in the Personal Data Processor or a third party.
Personal Data Processor can continue to handle your personal data regardless of any submitted erasure requests in order to determine, investigate, and defend against any received complaints, of which fact you will be informed.
Requests to erase your personal data should be submitted to: info@indoorgolfwroclaw.pl
9. Right to request restriction on the processing of personal data (Article 18 of GDPR)
You have the right to request from the Personal Data Controller to restrict personal data processing where one of the following applies:
you contest the accuracy of the personal data, for a period enabling the Personal Data Controller to verify the accuracy of the personal data;
the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;
you object to processing pending the verification whether the legitimate grounds of the Personal Data Controller override you rights.
Requests to restrict the processing scope of your personal data should be submitted to: info@indoorgolfwroclaw.pl
10. Right to object against processing of personal data (Article 21 of GDPR)
You have the right to object at any time against processing of your personal data, including by profiling, relating to:
processing necessary to perform tasks carried out in the public interest or required for purposes related to legitimate interests pursued by the Personal Data Controller or a third party;
processing for direct marketing purposes.
Objections against processing of your personal data should be submitted to: info@indoorgolfwroclaw.pl
11. Right to personal data portability (Article 20 of GDPR)
You have the right to receive your personal data, which you provided to the Personal Data Controller, in a structured, commonly used and machine-readable format, and have the right to transmit those data to another controller. You can also request from the Personal Data Controller to transmit your data directly to another controller (if technically possible).
Requests to transfer your personal data should be submitted to: info@indoorgolfwroclaw.pl
12. Right to withdraw consent
You can withdraw the consent you have given to process your personal data at any time. This consent withdrawal does not affect the lawfulness of processing performed based on your consent before it was withdrawn.
Requests to withdraw consent to process your personal data should submitted to: info@indoorgolfwroclaw.pl
13. Filing a complaint to a supervisory authority
If you believe your personal data is processed in violation of GDPR provisions, you have the right to file a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. The supervisory authority for cases relating to GDPR in Poland is the President of the Personal Data Protection Office.
§9
FINAL PROVISIONS
- Selecting the “I have read and accept the Reservation Terms and Conditions” option confirms that the Client has read the Reservation Terms and Conditions, understands and accepts the provisions defined therein, and agrees to the Terms and Conditions of the chosen Service. Making an online reservation is impossible without accepting the Reservation Terms and Conditions.