VENUE REGULATIONS

 

1 – Zagrywki are managed by ABSOLUT sp. z o.o. with its registered office in Wrocław, ul. Śliczna 7/16, 50-566 Wrocław, tel. 71 77 33331 registered in the National Court Register in the Register of Entrepreneurs under KRS no. 0000794136, REGON no. 383921453, NIP no. 8992865723, hereinafter referred to as the Organiser. 

2 – Correspondence address Retro Office House, 69 Piłsudskiego Street, 50-019 Wrocław, Contact form via www: https://zagrywki.pl/wroclaw/kontakt/ , e-mail: info@wro.zagrywki.pl .

3 – The venue of the Organiser’s services is Bogusławskiego 16, Wrocław.

4 – All persons using the Zagrywki, hereafter referred to as users, are required to read these Terms and Conditions.

By entering the Playground, you are deemed to have read and accepted these rules and regulations. 

5 – In order to use the activities located in the Zagrywki you must have a valid entrance ticket (types and price list of tickets are available at the ticket offices and on the website www.zagrywki.pl),

6 – It is imperative to follow the instructions of the staff while in the Zagrywki

7 – Staying in the Zagrywki may be subject to additional regulations with which the person staying in the Zagrywki is obliged to familiarise themselves. 

 The specific regulations of the Zagrywki concern: 

a – the organisation of events; 

b – cloakrooms

8 – The consumption of food and drink purchased outside the Zagrywki is prohibited on the Zagrywki. 

9 – Images are recorded on the Zagrywki by means of closed circuit television cameras. The images are recorded to ensure the safety of those on the Zagrywki with the integrity of their personal property. Please refer to the Privacy Policy for further details. It is forbidden to stream, record live or any other live coverage for commercial purposes without prior permission from Marketing. In the case of recording for personal use, this is permitted provided that there is no violation of the law or morality. The Play staff has the right to admonish or expel a person who records or streams in violation of the Rules.

10 – Persons staying at the Zagrywki agree to the free use and dissemination of their image, recorded during their stay at the Zagrywki for marketing purposes. Consent is granted indefinitely and without territorial restrictions for the Organiser. 

 

Age

 

11 – From 6pm onwards, only adults are allowed on the premises. The Organizer reserves the right to verify the age of the User on the basis of an identity document. The Organizer notes that it does not verify age on the basis of: student ID, school ID, scan of documents, photos of documents, screenshots of documents, health cards on phone, consent from legal guardian, covid passport, etc. Acceptable documents are: identity card, passport, driver’s license, mObywatel, sailing card, residence card, resident card. Failure to meet the above requirements may result in non-admission or expulsion from the Playground and non-execution of tickets at the risk and expense of the User. In such a case, the Organizer will not refund the cost of the tickets to the User.

12 – It is possible to verify age on the basis of a document stating the identity and age of the person. ID cards are checked for Beer Pong activities. Minors are not allowed to purchase alcohol.

13 – Children up to and including the age of 13 may only enjoy activities in the Zagrywki when accompanied by an adult who must be on the premises. 

 

Responsibility 

 

14 – The organiser does not provide child or youth care.

15 – The Organiser shall not be liable for any damage or destruction of objects belonging to persons on the Playground, with the exception of damage caused through the fault of the Organiser. 

16 – The Organiser shall not be held financially responsible in any way for items lost or left at the Zagrywki as well as in their surroundings. Items lost or left in the Zagrywki, if found by an employee of the Organiser or handed in by a third party to the reception, can be collected at the reception of the Zagrywki within 7 working days (after which time they are handed in for disposal).

17 – Persons use the Play Activities at their own risk. The Organiser shall not be liable in any way whatsoever for any damage to participants, including injury, bodily harm and its consequences with the exception of damage caused through the fault of the Organiser. 

18 – In particular, the Organiser shall not be liable for any damage caused by the use of the Play facilities in an inappropriate manner, contrary to the indications and instructions of the staff or through the sole fault of the person using the activity. 

19 – The Organiser’s staff shall have the option to ask out or not allow into the Playground any person whose behaviour threatens the safety of themselves or others in the Playground.

20 – In the event of a large number of people on the premises, the Organiser’s staff may let people with a valid booking in first.

 

Ticket sales 

 

21 – The organiser conducts online sales of tickets for the Zagrywki on the website www.zagrywki.pl, through which users of the website place an order. It is also possible to purchase tickets on the basis of a separately concluded contract or event regulations.

22 – The person ordering the ticket and paying the fee purchases the right to use the activities in the Zagrywki on the date specified in the ticket. 

23 – When placing an order via the website, the user is required to select the date and time of entry, the type and number of tickets, the method of payment for the tickets, and to read and accept the terms and conditions of the Terms and Conditions, which is a condition of completing the order. 

24 – Once the order has been placed, the user receives an e-mail message that the order has arrived in the System (ORDER CONFIRMATION). 

25 – The ticket purchase price is binding for the organiser and the buyer according to the moment the buyer places an order for the purchase of the ticket in question. 

26 – The Organiser reserves the right to change: ticket prices, ticket types. The execution of concluded contracts and orders placed before the effective date of such changes shall not be affected by the above entitlement. 

27 – One person may purchase any number of available tickets for the use of activities at the Zagrywki on sale at any one time. 

28 – The Organiser shall not be liable for failure to place an order or to provide an order confirmation, inability to pay the price due to an incorrect or inaccurate address provided by the Customer, problems with the Internet or other circumstances beyond the Organiser’s control. 

29 – There is no refund of the ticket for both online and stationary purchases at Zagrywki. By individual decision, but no later than 24 hours before the scheduled booking, the Service Provider, after agreement with the Customer, may provide a discount code or change the date of the event/ticket.

Based on Article 38(12) of the Consumer Rights Act of 30 May 2014, the buyer of an admission ticket does not have the right to withdraw from a contract concluded at a distance, as the consumer does not have this right with respect to contracts for services related to leisure, entertainment or sports events, if the contract specifies the day or period of service.

30 – Complaints regarding electronic payments are handled by the PayU service. The user sends the complaint application to the mailing address of Zagrywki, which forwards it to the PayU service. The complaint application should contain the following information: name, date, number and amount of the transaction. PayU undertakes to provide full and exhaustive complaint handling. 

31 – In cases other than those mentioned in clause 30, complaints are dealt with by the organiser within 14 days of receipt of the application at the organiser’s mailing address. 

32 – Settlement of credit card and e-transfer transactions is carried out via PayU. 

33 – The Organiser issues and sends electronic invoices, guaranteeing the authenticity of their origin and the integrity of their content. An electronic invoice, in accordance with the Act of 11 March 2004 on Value Added Tax (Journal of Laws of 2004, No. 54, item 535, as amended), has exactly the same legal force as its paper counterpart.

34 – The Organiser declares its willingness to resolve disputes amicably, including the assertion of claims by means of out-of-court ADR (Alternative Dispute Resolution). If this is the case, please submit complaints using the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.  

The authorised entity to which a complaint can be addressed depends on the choice of the consumer. The register in Poland of such entities with contact details and website address can be ordered here: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php      

Any disputes between the Organiser and a non-consumer customer will be settled by the court having jurisdiction over the Organiser’s registered office. 

35 – In matters not covered by these Rules, the relevant provisions of Polish law shall apply. 

 

Personal data 

 

36 – Personal data administrator ABSOLUT sp. z o.o. with its registered office in Wrocław at Śliczna 7/16, 50-566 Wrocław, tel. 71 77 33331 registered in the National Court Register in the Register of Entrepreneurs under KRS no. 0000794136, registered in the REGON register under no. 383921453, with NIP no. 8992865723.

37 – Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (General Data Protection Regulation – hereinafter: “RODO”). 

38 – Personal data is processed for the purposes of:
a –performance of a contract or taking action at the request of the data subject prior to entering into a contract (legal basis: Article 6(1)(b) RODO), 

b – to handle enquiries relating to the provision of services (Article 6(1)(f) RODO), 

c – handling of complaints and grievances (Article 6(1)(b) RODO), 

d – retention of records for the purpose of establishing, investigating or settling claims (Article 6(1)(f) RODO). 

39 – The provision of data is voluntary, although necessary to use the service. 

40 – The scope of the data requested includes the provision of: name, email address and telephone number. This data is processed for the purpose of personal identification or subsequent verification.

41 – The Administrator does not transfer, sell or lend the collected data. The recipients of the data may only be authorised employees or associates of the Administrator who provide services related to the handling of the acceptance or archiving of statements. 

42 – Personal data are processed for the period required for the establishment, investigation or defence of legal claims. Please refer to the Privacy Policy for further details. 

43 –With regard to accounts created at the booking stage, personal data is processed until the account is deleted.
 After deletion of the account, the Organiser is only entitled to process data that is necessary for the establishment, assertion or defence of legal claims or data retention is required due to tax regulations. 

44 – Every data subject has the right to access, rectify, erase or restrict the processing of their personal data, including the right to object to the processing, as well as the right to data portability and to lodge a complaint with a supervisory authority.

 

Token activities 

 

45 – Tokens can be purchased on site at the Zagrywki, which can be used in activities whose outcome depends solely on skill. One token has the equivalent of £5. The token has no expiry limit. 

46 – The token activities are not a game of chance, a game of chance or betting or any other gambling game within the meaning of the Gambling Act of 19 November 2009. The organiser has the right to exclude the token activities from use at any time (e.g. breakdown, exclusive booking of a level, etc.).

47 – Purchased tokens are not redeemable for cash in whole or in part under any circumstances, are non-refundable and are not exchanged for other products offered by Games. In addition, tokens are not a means of payment and no purchases can be made with them.

 

TERMS AND CONDITIONS OF SALE 

 

Introduction

 

1.1 The owner of the website and the data administrator is GOING Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: ul. Szymczaka 3/36, 01-227 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under number KRS 0000588000, whose registration files are kept in the District Court for the Capital City of Warsaw in Warsaw XII Economic Division of the National Court Register, REGON: 363058596, NIP: 5272751272, e- mail: support@goingapp.pl, hereinafter referred to as “Service Provider” in the content of the Regulations.

1.2 The Going. enables the purchase of tickets for events organised by third parties (hereinafter referred to as Organisers in the wording of the Terms and Conditions) from the Service Provider by means of a mobile application and website, for Users using the electronic network – at http://www.goingapp.pl and which can be downloaded from the Apple Store, Google Play and Windows Store (hereinafter referred to as Users in the wording of the Terms and Conditions).

1.3 The User must be at least 18 years of age. Persons under the age of 18 are not allowed to purchase tickets on the Going Application.

1.4 These Terms and Conditions are addressed to all Users of the Going Application and set out the rules for registering and using an account on the Application, making electronic reservations for tickets available on offer from partners, placing orders via the Application and the rules for concluding sales agreements.

1.5 Each User can access the Terms and Conditions at any time by clicking on the “Terms and Conditions” link located on the application website, as well as by saving a PDF version of the Terms and Conditions on a media of their choice.

1.6 The website and the app provide information about events.

1.7 The rights to the photos and presentation of the events belong to the Organisers. 1

.8 The purchase of tickets via the application is conditional on reading and accepting these Terms and Conditions.

1.9 The Service Provider shall provide the Users with a service consisting in making available to the User a place on the Operator’s server, which the User may use to purchase Tickets and store data concerning the history of purchased Tickets (hereinafter referred to as the “Individual User Account” in the content of the Regulations). Creating an Individual User Account is not necessary in order to purchase a Ticket. When purchasing Tickets via the website at http://www.goingapp.pl, the User chooses the option of purchasing Tickets without creating an Individual User Account or the option of purchasing Tickets and creating an Individual User Account. The Individual User Account allows the User to accept the Terms and Conditions once for all transactions made within the Individual User Account, however, if the Terms and Conditions are changed in order to make a purchase using the application, it is necessary to accept the Terms and Conditions again.

1.10. In the case of events marked as “Sale directly by the Organiser”, Going merely provides the Going application to the Organiser indicated in the event description and provides an intermediary service for the sale of Tickets to the Organiser. In such case, Going acts as the Organiser’s agent for the Organiser’s account in accordance with the provisions of the Act of 23 April 1964. – Civil Code (i.e. Journal of Laws 2016, item 380 as amended). By purchasing a Ticket marked “Sale directly by the Organiser”, a contract for the sale of the Ticket is concluded between the Organiser and the User.

 

Terms of use and service

 

2.1.Themakes it possible to purchase the tickets offered by the app using the electronic network
 The application can be used by mobile phone users equipped with iOS, Android and Windows Phone systems, as well as people using Chrome, Safari, Internet Explorer, Firefox and Opera web browsers.

2.2 The Provider uses technical and organisational measures to prevent unauthorised persons from obtaining and modifying the data provided during registration.

2.3 The User who uses the application is obliged to:

2.3.1. not to provide or transmit content prohibited by law; 2.3.

2. to use the application in a manner that does not interfere with its operation;

2.3.3. not to send or post unsolicited commercial information within the application; 2.3.

4. Use the application in a manner not oppressive to other Users and the Administrator of the service;

2.3.5. Use the application in a manner compliant with the regulations in force in the Republic of Poland, with the provisions of the Regulations and with the general principles of Internet use.

2.4 Acquiring Tickets for the purpose of resale at a profit or selling them at a profit is unlawful and constitutes an offence under Article 133 of the Code of Offences. In the event that the User purchases Tickets in order to resell them at a profit or in the event that the User sells the Tickets at a profit, the Service Provider shall be entitled to withdraw from the contract of sale of the Tickets purchased by the User, within 1 month from the discovery of the User’s speculation with Tickets as described in the first sentence.

2.5 By purchasing a Ticket, the User provides entry to a specific event taking place in a given city at a specific time. The Service Provider is not obliged to respect the requests of the User to change the essential elements of the Ticket, in particular to change the date or start time. The Service Provider is entitled to refuse to make changes to the content of a purchased Ticket, including changes to a different city, time.

 

Purchase of a ticket

 

3.1 In order to purchase a ticket within the Going. application, an order must be placed:

3.1.1. on the website: https://goingapp.pl;

3.1.2. using the Going application

3.2. The order is placed using the “Buy Ticket” button located on the website: https://goingapp.pl, or using the Going application, and then after filling in the required data and its verification by the User and pressing the “Pay” button by the User

3.3 The Service Provider shall have the right to determine an additional transaction fee on each purchase of a Ticket in the amount stated in the application. In this case, the Service Provider shall state separately the price of the Ticket and separately the amount of the transaction fee payable.

3.4 By clicking the “Pay” button, the User confirms that the order entails an obligation to pay.The contract for the sale of Tickets between the Service Provider and the User is concluded at the moment when the Service Provider receives information from the payment operator about the transaction ID and about the successful completion of the transaction and the collection of funds or debiting the credit card, provided that the Tickets are available at that moment, and subject to the condition precedent of payment in full of the price of the Ticket and the posting of the payment relating to the order on the Service Provider’s bank account.

3.5 The fulfilment of the order (fulfilment of performance to the User) shall take place immediately after the payment from the User is credited to the Service Provider’s bank account.

3.6 The Service Provider’s performance to the User consists of enabling the User to download the Ticket in PDF format or sending the Ticket to the e-mail address provided during the Ticket purchase process.

3.7 Once the payment has been processed, the user will receive a payment confirmation document with an individual payment identifier. 3

.8 The application accepts orders placed online 24 hours a day, every day of the week.

3.9 In order to place an order, it is necessary to fill in the form with all the required data necessary to complete the order. The information contained in the form should be truthful, up-to-date and accurate. The service provider reserves the right to refuse to process an order where the data provided is of such a nature that, judging the matter reasonably, it can be assumed that the data is untrue or has been provided in jest, as well as where the data provided is so inaccurate as to make it impossible to process the order. Before refusing to process the order, the owner of the application will attempt to contact the User in order to establish the data to the extent that the order can be processed (including by electronic notification).

3.10. Once the User has placed an order, in order to make payment the User is required to enter the cvc2 or cvc2 or mPIN code of the card registered in the Paymento, payU payment system or the transaction data in the eCard, payU or MasterPass® system. Providing the correct data and accepting it by pressing the “next” button will result in the order being processed.

3.11. The user receives a confirmation of the order processing by e-mail.

3.12. The Service Provider reserves the right to refuse to process an order if the User’s contact details are not correct, the transaction has not been authorised in the MasterPass®, Paymento, payU eCard electronic payment system or the payment for the order has not been paid within 15 minutes of the order being placed.

 

Payment methods

 

4.1 The information about the price of purchasing a ticket on the app is a commercial offer. The user may be informed that it is not possible to purchase a ticket.

4.2 The ticket prices in the application are quoted in Polish zloty and include all its components, including VAT, duties and taxes.

4.3 The user shall pay the price by electronic payment via MasterPass®, Paymento, payU or eCard before receiving the ticket.

4.4 The Service Provider reserves the right to update ticket prices in the application, to introduce new tickets for sale, to carry out and cancel promotional campaigns on the pages of the application, or to make changes to them in accordance with the provisions of the Civil Code and other laws, but such changes shall not affect the rights of persons who placed an order before the aforementioned changes were made.

Ticket collection

 

5.1 The purchased ticket is delivered to the User electronically in the form of a 5-character code entitling the User to redeem the order with the Event Organiser. The User is also provided with a QR code to enable the Event Organiser to validate the ticket more efficiently. The user may be asked by the Event Organiser to provide a 5-character code in addition to the QR code. In addition, the user will receive a copy of the ticket by email. The printout of the email received is also the ticket for the event. If an incorrect email address is provided, the Service Provider is not responsible for the possible loss of the ticket.

5.2 The purchased ticket is personal. The User may be asked by the Organiser to show proof of identity. If the User provides an incorrect name and/or surname, Going is not responsible for the situation in which the Organiser does not allow the User to participate in the Event due to the impossibility of verifying identity.

5.3 The Service Provider informs the User about special risks connected with the use of the service provided electronically, which consist in the possibility of non-delivery of the Ticket or other correspondence to the address provided by the User, if it is incorrect or if, for other reasons, not connected with the Service Provider, it is not possible to deliver the Ticket or other correspondence to the User by e-mail (e.g. full mailbox, spam filter, blocked account, mail server failure, etc.).

5.4 The Service Provider is not responsible for the User’s failure to deliver the Ticket due to the User’s fault or for reasons beyond the Service Provider’s control, in particular the Service Provider is not responsible for sending the Ticket or other correspondence to the wrong address, if the data was incorrectly provided by the User or for not delivering the Ticket or other correspondence to the User at the correct address, if it was not possible to deliver the Ticket to the User at the provided e-mail address for reasons beyond the Service Provider’s control (e.g. full mailbox, spam filter, blocked account, mail server failure, etc.).

5.5 In the event that the User has not received the Ticket no later than 1 hour after the payment of the Ticket Price and the crediting of the payment from the User, the User is obliged, without delay, to inform Going of this fact at the following address: support@goingapp.pl. For this purpose, the User is obliged to provide Going with the data provided when placing the order. In the event that Going confirms non-delivery of the Ticket, the User will be provided with the Ticket in accordance with the rules set out in paragraph 1.

5.6 The Service Provider provides for the possibility that the User may transfer the Ticket to a third party. The Service Provider is not a party to the contract concluded between the User and the third party and does not bear any responsibility in connection with the transfer of the Ticket, except for the obligation to deliver the Ticket to the third party, if the procedure specified in these Regulations is followed. 

Tickets

6. may be transferred until the closing of the sale for the event, with the proviso that the Service Provider is entitled to block the User’s ability to transfer the Ticket to a third party at any time. When the sale closes or when the Service Provider blocks the User’s ability to transfer a Ticket to a third party, all unconfirmed third party transfers of Tickets shall be cancelled. In the event that the User and a third party conclude an agreement whereby the User transfers ownership of a Ticket to a third party and the third party agrees to this, subject to the condition precedent of fulfilling the procedure set out in these Terms and Conditions:

5.6.1. The user, using the application, fills in a form for the transfer of the Ticket, providing the details of the new Ticket owner (name, surname, email address, number of tickets),

5.6.2. The Service Provider sends information to a third party that the User wishes to transfer the Ticket to it 

5.6.3 In order for there to be a transfer of the Ticket, the third party must consent to the receipt by clicking a link in the email,

5.6.4 Once the third party has agreed to receive the Ticket and the third party has accepted these Terms and Conditions, the Service Provider sends the Ticket to the third party and informs the original User that the Ticket has been transferred;

5.6.5.If the third party does not confirm receipt of the Ticket within 24 hours of
receiving the email information, the Ticket is returned to the original User, of which they are informed by email

5.7 The Service Provider shall have the right to determine an administration fee for each effective transfer of a Ticket to a third party in the amount stated in the application. In the event that the Service Provider determines an administrative fee on the effective transfer of a Ticket to a third party, the obligation to pay and the amount of the administrative fee on the transfer of the Ticket to a third party will be stated as part of the event information.

 

Complaints and returns procedure:

 

6.1 The Service Provider shall take steps to ensure the fully correct functioning of the application, to the extent of current technical knowledge, and undertakes to rectify within a reasonable period of time any inadequacies reported by Users.

6.2 The user may report any inconvenience or interruption in the operation of the application by email or telephone.

6.3 In the event of cancellation of the event, the Service Provider shall, at the request of the User, refund the amount for the tickets to the bank account indicated by the User via e-mail. The request should be addressed to: support@goingapp.pl.

6.4 In the event of a change in the venue of the event or a change in the start time or duration of the event, as well as other changes on the part of the Service Provider or the Event Organiser which prevented the User’s participation in the event, the User may submit a complaint in writing or to the following email address: support@goingapp.pl.

6.5 In the event that participation in an event was impossible for reasons attributable to the User (e.g. the User being late for an event), the User shall not be entitled to a refund of the event ticket.

6.6 In the event that the Organiser allows the return of the ticket by the User without stating a reason within a certain period of time before the event, and a refund in whole or in part of the amount paid for the ticket, the Service Provider, after the Organiser confirms that the Organiser agrees to the return of the ticket by the User without stating a reason and after confirming whether the refund is to be made in whole or in part of the amount paid for the ticket, will refund the amount paid for the tickets (in whole or in part, depending on the Organiser’s decision) to the bank account indicated by the User via e-mail, at the request of the User. The request should be addressed to: support@goingapp.pl.

6.7 The Service Provider shall respond to the request indicated in the complaint within 14 days from the date of the User’s complaint, consulting, if necessary, the validity of the complaint with the Event Organiser.

6.8 The complaint should contain the name and surname of the person making the complaint, address data, e-mail address to which a reply to the complaint is to be sent, if the complainant wishes to receive a reply to the complaint by e-mail, the 5 – character code of the Ticket, the exact description of the defect and the date on which it was found, as well as the User’s indication of their preferred method of being informed about the method of complaint consideration. Complaints related to the purchase and fulfilment of Tickets are subject to the rules resulting from the applicable legal regulations, in particular the Civil Code Act of 23 April 1964 (Journal of Laws of 2018, item 1025, as amended) and other generally applicable legal regulations. The provisions of the Terms and Conditions do not affect or limit the User’s rights under warranty.

6.9 Complaints related to the purchase and performance of Tickets shall be subject to the rules resulting from the applicable legal regulations, in particular the Civil Code Act of 23 April 1964 (Journal of Laws of 2018, item 1025 as amended) and other generally applicable legal regulations. The provisions of the Terms and Conditions do not affect or limit the User’s rights under warranty.

6.10. All of the above provisions concerning the refund procedure and the complaint procedure do not exclude the applicable legal regulations in this respect and do not limit the User’s possible statutory rights in any way. In the event of any contradiction between the Rules and Regulations and the applicable legal regulations in the area of User rights, the provisions of Polish law shall apply.

6.11. The Service Provider is obliged to deliver the ticket without defects and to duly perform the agreed services.

6.12. The User concluding a sales contract through the Going app, off-premises or at a distance, pursuant to Article 38(12) of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2019, item 134 as amended), with regard to services related to entertainment, cultural or sporting events, shall not be entitled to withdraw from the contract if the date of the event was indicated.

 

Complaint procedure and refunds of Tickets for events marked “Sale directly by the Organiser”

 

7.1 In the event of cancellation of an event, the Organiser shall, at the request of the User, refund the amount for the tickets to the bank account indicated by the User via e-mail. The request should be addressed to the email address of the Organiser indicated in the description of the event.

7.2 In the event of a change of the venue of the event or a change of the start time or duration of the event, as well as other changes on the part of the event organiser which made it impossible for the User to participate in the event, the User may submit a complaint in writing or to the organiser’s email address indicated in the event description.

7.3 In the event that participation in an event was impossible for reasons attributable to the User (e.g. the User being late for the event), the User shall not be entitled to a refund of the event ticket.

7.4 In the event that the Organiser allows the return of a ticket by the User without stating a reason within a certain period of time prior to the event, and a refund in whole or in part of the amount due for the ticket, the User shall inform the Organiser of the return of the Ticket and report the request for the refund of the amount for the Tickets directly to the Organiser to be sent to the Organiser’s email address indicated in the event description.

7.5 The Organiser shall respond to the request indicated in the complaint within 14 days from the date of submission of the complaint by the User.

7.6 The complaint should contain the name and surname of the person submitting the complaint, address data, e-mail address to which a reply to the complaint is to be sent if the complainant wishes to receive a reply to the complaint by e-mail, 5-character code of the Ticket, exact description of the defect and the date on which it was found, as well as the User’s indication of his/her preferred method of being informed about the manner of processing the complaint.

7.7 Complaints related to the purchase and performance of Tickets shall be subject to the rules resulting from the applicable legal regulations, in particular the Civil Code Act of 23 April 1964 (Journal of Laws of 2018, item 1025 as amended) and other generally applicable legal regulations. The provisions of the Terms and Conditions do not affect or limit the User’s rights under warranty.

7.8 All of the aforementioned provisions concerning the refund procedure and the complaint procedure do not exclude the applicable legal regulations in this respect and do not limit the User’s possible statutory rights in any way. In the event of any contradiction between the Rules and Regulations and the applicable legal regulations in the area of User rights, the provisions of Polish law shall apply.

7.9 The organiser is obliged to deliver the ticket without defects and to duly perform the agreed services.

7.10. The User concluding a sales contract through the Going app, off-premises or at a distance, pursuant to Article 38(12) of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2019, item 134 as amended), with regard to services related to entertainment, cultural or sporting events, shall not be entitled to withdraw from the contract if the date of the event has been indicated.

 

Final provisions

 

8.1 Polish law shall apply to the contract for the sale of tickets on the app.

8.2 In matters not covered by these Rules, the provisions of the Civil Code or other applicable laws shall apply mutatis mutandis.

8.3 The court of general jurisdiction shall have jurisdiction to settle any disputes.

8.4.The Service Provider reserves the right to amend the Terms and Conditions at any time.Changes
Regulations are effective from the moment they are published on the application website. Changes to Terms and Conditions must not violate the acquired rights of Users using the application.

8.5 The Service Provider reserves the right to change the prices and the number of tickets on offer during the day, to withdraw or add individual tickets to the offer of the app, to carry out and withdraw promotional campaigns on the website of the app, as well as to modify them, but such changes do not affect the rights of persons who entered into ticket sales agreements offered by the app before the aforementioned changes were made.

8.6 All trademarks and brand names in the shop are the property of their respective owners.

8.7 The User with the status of a consumer in accordance with the applicable legislation shall have, inter alia, the following possibilities to make use of out-of-court complaint and redress procedures:

8.7.1. shall be entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the User and the Service Provider

8.7.2. shall be entitled to apply to the permanent amicable consumer court operating at the provincial inspector of the Trade Inspection for settlement of a dispute arising from a concluded sales contract.

8.8 The use of available out-of-court complaint and redress procedures is possible after the complaint procedure and is voluntary – both parties must agree to the procedure.

8.9 In order to initiate proceedings, an appropriate application – depending on the type of proceedings – an application for mediation or an application for the case to be heard before an amicable consumer court should be submitted to the locally competent Voivodship Inspectorate of Trade Inspection. A specific application form is not required and should be used. In the application, the case should be described in detail and include the required elements such as: the data of both parties, the subject of the dispute, the demands, and also attach photocopies of the letters collected in the case. For ease of reference, the forms for a request for mediation and a request for hearing a case before an amicable consumer court are available at the secretariat of each amicable consumer court, as well as on the websites of the Provincial Inspectorates of the Trade Inspection.

8.10. Detailed information on out-of-court complaint and redress procedures is available at the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection and Provincial Trade Inspection Inspectorates.

8.11. A User with the status of a consumer may obtain free assistance in resolving a dispute between the User and the Service Provider by using the free assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.

 

Terms and conditions of the “ZAGRYWKI BAR” prepaid card

effective 10/07/2023

 

Definitions

 

Data Administrator / Publisher – ABSOLUT sp. z o.o. with its registered office in Wrocław, Śliczna 7/16, 50-566 Wrocław, tel. 71 77 33331 registered in the National Court Register in the Register of Entrepreneurs under KRS no. 0000794136, REGON no. 383921453, NIP no. 8992865723. Correspondence address: Retro Office House, 69 Piłsudskiego Street, 50-019 Wrocław.

Card – an electronic voucher issued to the bearer in the form of a physical card which entitles the holder to use in accordance with the rules set out in the Terms and Conditions.

Customer – a natural person who is a consumer within the meaning of the law, or a natural person carrying out business activities on their own behalf, or a natural person representing a legal person or an organisational unit without legal personality, who is legally capable of concluding a contract.

Third Party – a natural person, a legal person or an organisational unit without legal personality under Polish law other than the Customer and the Publisher.

Regulations – this document.

RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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.

Website – https://zagrywki.pl/wroclaw/

forcesReceiving as a ‘gift’ from the Publisher.

(2) If the Customer makes a reservation on the Website, he/she must meet the technical requirements such as: having a device with access to the Internet.

3 When booking a box and/or table via the Website, the Customer will receive a Card for the value of the amount paid less 10% of the service. The Card is available for collection at the Zagrywki on the day of booking.

(4) When purchasing a card by e-mail, the customer will receive a card with the value of the amount paid. If the customer wishes to use the service, then the amount paid will be reduced by 10%. The card will be available for collection at Zagrywki on a pre-agreed date. 

(5) When purchasing a Card in Play, the customer, after payment, will receive a Card for the value of the amount paid. If the customer wishes to use the service, the amount paid will be reduced by 10%.  A Card purchased in-store can be used immediately.

If the Customer receives the Card as a “gift” from the Issuer, detailed rules on the receipt, use or value of points will be laid down in a separate agreement.

7 A service charge of 10% of the amount paid is obligatory for box and table bookings. 

 

How can the Card be used?

 

(1) The card is active when it is picked up in the Plays. 

(2) The Card can only be redeemed for goods available at the bar, in the Playhouses, on the Card’s expiry date. 

3. orders in the karaoke rooms using a prepaid card can only be made with the host. 

4 The nominal value of the Card shall be converted as 1 point: PLN 1.

5 Provide the retailer with the name or company name assigned to the Card.

6 When the Card is redeemed, in connection with the purchase of goods, the nominal value of the Card will be reduced by the price payable to the Issuer for the goods sold. 

If the value of the goods is higher than the value of the points on the Card, the Customer is obliged to pay the balance in cash or by payment card.

8 The customer is not entitled to receive change in cash or on a payment card when the valué of the goods received at the time of purchase is lower than the current nominal valué of the Card.

(9) In the event that, despite the expiry date of the Card, it remains unused, the Customer is not entitled to demand a refund from the Issuer. The Customer is obliged to collect the Card and to use it.

10. The card cannot be used to pay for activities in the Plays and to book boxes and tables.

11. the Issuer shall refuse to redeem the Card if:

(a) the expiry date has passed,

(b) The card has already been used,

(c) the Issuer’s staff (merchant/host) is in doubt as to whether the person using the Card is authorised to do so (e.g. does not know the name or business name to which the Card is assigned). The place and time of the booking are assigned to the Card (these data are not visible on the Card) and the Merchant, in case of doubt as to whether the authorised person is using the Card, may ask for these data,

(d) the Issuer’s staff (salesperson/host) will doubt whether the sale of alcohol is permitted to the person using the Card.

 

12th Charter:

(a) shall not be exchangeable for cash either in whole or in part,

b) is not an electronic payment instrument, electronic money instrument or payment card as defined by law,

(c) has a nominal value (points to be used for purchases in accordance with the Terms and Conditions), but this value cannot be exchanged for any cash,

d) is an electronic voucher. Completion of a transaction using the Card will also constitute a valid transaction if a third party uses the Customer’s Card but knows the details of the bearer (the Customer is then deemed to have entrusted the Card to such a person for use).  

 

How long is the card valid and how do I top it up?

 

1. the card is valid for 1 year from receipt and cannot be used after the expiry date.  

2. the card can be recharged to extend its validity. 

3. topping up can be done at the Zagrywki. 

The minimum recharge value is PLN 50.  

The number of points corresponding to the nominal value of the Card is the difference between the top-up value (e.g. PLN 50) and 5 points charged for the service, i.e. delivery of products to the table (50 – 5 = 45).

 

How do we process your personal data?

 

(1) Personal data shall be processed in accordance with the Privacy Policy of Play, available on the Website.

(2) The Publisher may send notifications to the e-mail address provided by the Customer informing of: a reminder to collect the Card, the approaching expiry date of the Card, recharging of the Card, etc.

 

Complaints

 

1. Complaints should be submitted by e-mail to info@zagrywki.pl.

(2) In the notification, please indicate as precise a description of the irregularity as possible (including, for example, the time and place of occurrence and a possible indication of how the complaint was resolved).  

(3) Complaints shall be dealt with as soon as possible and within a maximum of 14 days.  

(4) The day on which a complaint is lodged shall be the day on which the publisher receives the complaint notification.  

 

Rights and obligations

 

1. the customer has the right to:

(a) use the Card in accordance with the Rules,

b) to make enquiries to the Issuer’s service in connection with the use of the Card and/or to lodge complaints,

 

2 The customer undertakes:

a) use data and/or personal data which he/she has full rights to use,

(b) check that it meets the requirements for using the Card,

(c) not to use the Card in any way that violates the law, these Terms and Conditions or rules of social conduct. It is forbidden to use the Card for terrorist, sabotage or other criminal activities as well as to commit any infringement of the law or tort,  

d) to refrain from taking any action that is incompatible with generally applicable law or good morals or that infringes the personal rights of others (including legal persons) or the legitimate interests of the publisher or others (including legal persons),

(e) not to access the Cards of others, 

f) not to interfere with the Card infrastructure, including its contents, not to break security, not to duplicate, 

(g) not to be placed on the market,

(h) take care of the security of the Charter, do not entrust it to outsiders.

(3) The issuer undertakes to use its best endeavours to ensure the due provision of services on a continuous and uninterrupted basis. However, the issuer reserves the possibility of temporary unavailability of the Cards due to force majeure. The issuer will make every effort to ensure that this unavailability is as inconvenient as possible for the customer.   

 

Final provisions

 

The publisher reserves the right to make changes to the Terms and Conditions. Each document is marked with the date from which its provisions apply.

(2) In the event that the Regulations are amended during the course of performance, the provisions in force on the date of commencement of performance shall apply.

(3) In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law and/or the provisions applicable to the place of residence of the consumer or the terms of the agreement concluded between the parties shall apply.

If any provision of the Rules of Procedure is amended and/or invalidated by a final court decision, the remaining provisions shall remain in force.

(5) The publisher declares its willingness to resolve disputes amicably, including the assertion of claims through out-of-court ADR (Alternative Dispute Resolution). In such a case, please submit complaints via the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL. The authorised entity to which a complaint may be submitted depends on the choice of the consumer. The register of such entities in Poland with contact details and website address can be ordered here: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php 

(6) Any dispute between the publisher and a customer who is not a consumer will be settled by the court having jurisdiction over the publisher’s registered office. Force majeure – an accidental or natural (natural) event that is beyond the control of the affiliate, including but not limited to fire, explosion, power failure, earthquake, flood, cloudburst, riot, pandemic, acts of civil or military authorities, war, acts of terrorism (including cyber terrorism), cyber attacks (e.g. DDOS), acts and/or omissions of ICT network operators, other random events.

 

Zagrywki – 16 Bogusławskiego Street, Wrocław.

 

How can the Card be purchased?

 

The card can be purchased in 3 ways:

1. by booking a box and/or table using the Website,

2. by purchasing the Card by e-mail,

3. by buying it at Play,