TERMS OF USE OF HSKI SKI SCHOOL ANDRZEJ HYC

 
§1 Definitions

1.    Service provider – means HSKI Ski School which is carried out by Andrzej Hyc, running business as HSKI Andrzej Hyc, based in 31-607 Cracow, Al. Tysiąclecia 22/29, tax number 736-155-33-91, National Business Registry Number 492919756, registered in Business Activity Register, carried out by Cracow City President. Website: www.hski.pl.
2.    Premises – Service Provider’s office in Zakopane, near Harenda Ski Centre, is viewed as premises of company.
3.    Consumer – a natural person performing with Service provider a legal transaction which is unrelated directly with her business and professional activity, is viewed as a consumer.
4.    Entrepreneur – means a natural person, a legal person or organization unit not being a legal person, that particular regulations confer on legal capacity to run on its own behalf business or professional activity.
5.    Recipient – Consumer or Entrepreneur concluding Service Contract.
6.    Service – means services offered to Recipients by Service provider. Information about details of services are featured on the Service provider’s website: http://www.hski.pl or in Premises.
7.    Lesson – period of providing Service, one lesson lasts 55 minutes.
8.    Booking – Service involving Recipient the enabling of booking of chosen Services.
9.    Service Contract – a service contract concluded in Premises or as a distance contact.
10.    Course for children – a service of ski course for children Bambini for three-year-olds, course for children 4-6 years old, course for children 6-12 years old and course for youth 12-16 years old.
11.    Nursery school for children – a service of care of children from 2 to 5 years old.
12.    Form – a form available on website www.hski.pl, enabling Booking and concluding of the Service contract.
13.    Instructor – Service Provider’s worker, realising the Service in behalf of Service Provider.
14.    Terms of use – means this document.

 

§2 General provisions concerning provided Services

1.    The main subject of the Service provider’s business is teaching of skiing or snowboarding.
2.    Details concerning the Services published on the website http://hski.pl/ have an informative character and may be changed.
3.    The condition of making use of the Services is familiarizing and acceptation of all points of the Terms of use and in case of underage people by their statutory representatives.
4.    Service contract may be concluded by Booking or directly in Premises.
5.    The condition of providing the Service is payment of the whole price before its start.
6.    Recipient, before leaving the cash desk, is obliged to check a received receipt which includes all detailed information concerning purchached Service, such as: target date and time, Instructor who will provide the Service, kind of Service and place of its accomplishment. Receipt is a confirmation of Contract conclusion.
7.    On account of special kind of Services, providing starts and ends in a specific term.
8.    In case of delay in realization of Service, which arose from Recipient, the Service is not subject to extension, but ends in appointed by parties, before its start, term.
9.    Realization of Service takes place in Harenda Ski Centre or in other place, agreed earlier between Recipient and Service provider.
10.    In Harenda Ski Centre or in other place, agreed earlier, separate rules may be in force that are also obligatory for the Recipient, regardless of these Terms of use.
11.    The Service consists of one or more Lessons. Every Lesson lasts 55 minutes. In case of two or more consecutive Lessons, the duration of the Service is a sum of Lessons.
12.    The Lesson starts and ends in front of the Service Provider’s Premises.
13.    The Service may be used by adult or underage person with the prior consent of statutory representative (a parent or protector). In case of concluding of Service contract by person being actual protector (educator, teacher, protector, family member) it is presumed that he has permission of underage person’s statutory representative.
14.    Statutory representative (parent or protector) or actual protector is obliged to pick underage person punctually after the end of activities in front of the Service Provider’s Premises.
15.    Every person making use of the Service should have prepared: ski/snowboard equipment, ski helmet and skipass.
16.    Every skier or snowboarder up to 16 years old is obliged to wearing protective helmet during skiing or snowboarding on the slope.
17.    Instructor has a right to refuse conducting lesson if person making use of the Service is under the influence of alcohol (or other intoxicants). In this case there shall be no right of reimbursement.
18.    Every Service starts with warm up. In case of refusal of participation in warm up, Instructor has a right to refuse realisation of the Service. In this case there shall be no right of reimbursement.
19.    Service provider is not responsible for results of provided Service, but for way of its performance.
20.    Learning of skiing and snowboarding is conducted on the basis of training system developed by SITN, by qualified instructor staff.
21.    Opening hours of Premises in winter season: 9.00 – 21.00.

 

§3 Booking of Service

1.    Booking of any Service offered by Service provider can be made personally in the Premises, by telephone, by sending e-mail: info@hski.pl or via Form on the website http://www.hski.pl.
2.    Personal Booking in the Premises can be made through choice of date and kind of Service as well as downpayment in the amount of the whole price for a booked Service. In case of failure to appear of Recipient or a third party for who the Service was to be provided, on an appointed time of a start of Service provision, according to made Booking, the Service provider has a right to withdraw from made Booking without appointment of additional date and to keep received downpayment within one week since having been informed about occurence mentioned in the preceding sentence. In this case the downpayment is kept by the Service provider. In case of meeting the deadline, the downpayment is credited towards the price. Making a personal Booking in the Premises is equivalent with concluding of Service contract.
3.    Booking by telephone can be made through choice of date and kind of Service. Making a Booking by telephone is not equivalent with concluding of Service contract between Service provider and Recipient. Concluding of Service contract, described in preceding sentence, is realised in the Premises. Person making a Booking by telephone is obliged to appear in the Premises not later than 120 minutes before start of booked Service, and in case of Lesson starting at 9.00 – not later than one day before start of realization of the Service within opening hours of Premises, and to conclude of the Service contract there, subject to §5 p.1. In case of failure to appear within term appointed in preceding sentence, Service provider has a right to cancel the Booking. At the time of concluding of the Service contract, the whole payment shall be done.
4.    In case of realization of downpayment during the Booking, Recipient has a right to cancel the Booking only personally in Premises not later than 120 minutes before start of booked Service, and in case of Lesson starting at 9.00 – not later than one day before start of realization of the Service within opening hours of Premises. In this case the Service contract is terminated and Recipient receives the paid amount back. In case of failure to meet the deadline, Service provider has a right to withdraw from made Booking without appointment of additional date and to keep received downpayment within one week since having been informed about failure to meet the deadline.
5.    Recipient has a right to change the date of Lesson not later than 120 minutes before start of booked Service, and in case of Lesson starting at 9.00 – not later than one day before start of realization of the Service within opening hours of Premises.
6.    Recipient making a Booking, makes it also on behalf of all persons indicated in the Booking and takes responsibility for keeping to the terms of the Booking by these persons, including payment of the whole price for all persons indicated in the Booking and by paying the whole price and he does not have to agree in any other way on its realization. Recipient is also responsible for informing these persons about all details concerning the Service.

 

§4 Concluding of distance Service Contract with Consumer

1.    Provisions of this paragraph apply to concluding of contract with Consumer via Form.
2.    Concluding of Service contract with Consumer proceeds at the moment of sending of Form. After receiving it, Service Provider sends promptly to Consumer a confirmation of concluding of the Service contract, on Consumer’s e-mail address.
3.    Concluding of the Service contract via Form proceeds after complying with all of actions below:
a)    familiarizing with these Terms of use,
b)    filling the Form (using of the Form is considered as a one-off option and ends at the moment of making a Booking through it),
c)    clicking on box “Hereby I demand an immediate beginning of performing of Service contract, I accept the fact and agree that I lose my right to renounce the Service contract with the moment of clicking on box “I confirm”,
d)    receiving a confirmation of making a Booking on Consumer’s e-mail address or by telephone.
4.    Until clicking on box “I confirm”, Consumer has an opportunity of unassisted modification of entered data (for this purpose it is appropriate to follow displayed statements and information available on the website www.hski.pl). In the Form, it is necessary to give following data: name and surname/company, address (street, number, locality and postal code), e-mail address, telephone number.
5.    In confirmation, which is being sent on Consumer’s e-mail address, there is included information about:
a)    main characteristics of Service taking into account a subject of Service and a way of communication with User,
b)    data which identify Service provider, particularly about company, registration authority and Business Registry Number,
c)    Service provider’s address, e-mail address and telephone or fax numbers, if available, which Consumer can use to quick and effectively contact with entrepreneur,
d)    address, where Consumer may file a complaints concerning provided by Service provider Services, if it is different than address mentioned in p.c,
e)    form and date of payment,
f)    form and date of realization of Service provider’s provision and applied by him procedure of investigation of complaints,
g)    form and date of execution of a right to renounce a contract as well as model form of renouncing a contract, included in attachment no. 1 to Terms of use,
h)    lack of possibility to withdraw from the Service,
i)   duration of Service contract,
j)    minimal duration of Consumer’s obligations resulting from the contract,
k)    functionality of digital content and its technical protective equipment,
l)    significant interoperabilities of digital content with computer hardware and software which Entrepreneur knows or should know about,
m)    opportunities to make use of extrajudicial forms of considering of complaints and seeking redress as well as rules of access to these procedures.
6.    Concluding of the distance Service contract entails necessity to discharge the whole price on the score of contract concluded between the Consumer and the Service provider, before a start of providing of the Service.
7.    The payment shall be made in the Service provider’s Premises in cash. The payment shall be settled not later than 120 minutes before a start of realization of Service, and in case of Lesson starting at 9.00 – not later than one day before start of realization of the Service within opening hours of Premises, subject to §5 p.1.
8.    In case of default of payment within due time indicated in point 7, Service provider is entitled to renounce the Service contract within one week since having been informed about failure to meet the deadline by the Consumer.
9.    In case of realization of downpayment during the Booking, Recipient has a right to cancel the Booking only personally in Premises not later than 120 minutes before start of booked Service, and in case of Lesson starting at 9.00 – not later than one day before start of realization of the Service within opening hours of Premises. In this case the Service contract is terminated and Recipient receives the paid amount back. In case of failure to meet the deadline, Service provider has a right to withdraw from made Booking without appointment of additional date and to keep received downpayment within one week since having been informed about failure to meet the deadline.
10.    Recipient has a right to change the date of Lesson not later than 120 minutes before start of booked Service, and in case of Lesson starting at 9.00 – not later than one day before start of realization of the Service within opening hours of Premises.
11.    Recipient making a Booking, makes it also on behalf of all persons indicated in the Booking and takes responsibility for keeping to the terms of the Booking by these persons, including payment of the whole price for all persons indicated in the Booking and by paying the whole price and he does not have to agree in any other way on its realization. Recipient is also responsible for informing these persons about all details concerning the Service.
12.    All claims and obligations, including those indicated in Act dated on 30 May 2014 about consumer’s laws, arise solely and directly between Consumer and Service provider. Consumer has an opportunity to renounce a Service contract within 14 days from date of agreement. Statement about renouncing a contract shall be made to Service provider through sending the statement with content indicated in attachment no.1 to Terms of use on e-mail address: info@hski.pl.
13.    In situation when Service contract is suppose to be realized by the Service provider before the expiry of 14 days since the day when the Booking was made, the condition of starting realization of services by the Service provider is making by the Consumer a statement with the following content: “Hereby I demand an immediate beginning of performing of Service contract, I accept the fact and agree that I lose my right to renounce the Service contract.”

 

§5 Realization of the Course for Children

1.    A payment for the service in the form of the Course for Children shall be settled 24 hours before a start of the course, in other case the Service provider has a right to withdraw from the Contract (to cancel the Booking) within one week since having been informed about failure to meet the deadline.
2.    A child signed up for the Course for Children meets with instructor in front of the Premises. The Course for Children starts in predefined hours and dates. In case of the Recipient’s later arrival, the Service will not be prolonged and it ends at established time.
3.    A child signed up for the Course for Children shall be brought 10 minutes before a start of activities in the first day and 5 minutes before a start of activities in remaining days.
4.    Every child signed up for the Course for Children should absolutely have during activities: ski/snowboard equipment, ski helmet and skipass, in other case the child will not be allowed to take part in activities predicted in a program of the Course for Children.
5.    Every skier or snowboarder up to 16 years old is obliged to wearing protective helmet during skiing on the slope.
6.    A program received in the moment of payment for the Course for Children is valid for realization of the Service.
7.    During the Course for Children, every day every child takes part in one attraction.
8.    Service provider reserves the right to change attractions or its order in respective days. The Service provider may recall or change a program of the Course for Children for reasons beyond the control of him, such as bad weather conditions which unable conducting of the activities. The Recipient will be informed about it in advance.
9.    A child during the Course for Children will receive from HSKI identity number/starting number which he is obliged to wear for all activities mentioned in a program of the Course for Children. A parent or legal protector will be charged in the amount of 100 PLN (contractual penalty) in case of loss of starting number.
10.    Statutory representative (parent or protector) or actual protector is obliged to pick underage person punctually after the end of activities in front of the Premises.
11.    Before a start of the Course for Children, the Service provider assigns children to groups on the basis of the age and skill level appointed by the Recipient while making the Booking. Instructor leading the activities decides about the final assignment of a child to the exact group. Therefore, there is a possibility that a child will take part in activities in a few groups during the Course for Children.
12.    In case of resignation from the Course for Children after its start, any payment will not be refunded.

 

§6 Realization of the Nursery School for Children 2-5 years old

1.    Working time of the Nursery School for Children – from 9:00 to 15:00 / from Monday to Saturday/.
2.    Activities take place in “HSKI Penguin Club” Building.
3.    A child should be brought and picked from the Nursery School by parents/legal protector or authorised by them person who provides the child with full safety.
4.    Parents/legal protectors are responsible for the safety of a child in a way to and from the nursery school (after finished didactic-caring activities and walkout from the nursery school area).
5.    Service provider takes full responsibility for a child from the moment of entry to playroom, that is why parents intrust to him the child in person.
6.    A parent is obliged to bring to the nursery school a healthy child.
7.    The Nursery School for Children do not conduct feeding of children.
8.    The payment for child’s stay in the Nursery School for Children shall be settled before a start of activities in the Premises.
9.    The Nursery School for Children is not responsible for valuable things brought to the nursery school.
10.    Entering the Nursery School for Children, a child should absolutely wear protective shoes.

 

§7 Realization of Service of ski race trainings

1.    The Service of ski race trainings (slalom or giant slalom) is available on every weekend within hours indicated on the website www.hski.pl
2.    The payment shall be done in the Service provider’s Premises in cash. The payment shall be done not later than 60 minutes before a start of realization of the Service, and in case of activities starting at 9.00 – not later than one day before start of realization of the Service within opening hours of Premises.
3.    Service provider reserves the right to recall ski race trainings in situations independent of Service provider, particularly in case of insufficient snow cover for placing of slalom or giant slalom.
4.    Service provider reserves the right to change trainers conducting ski race trainings.
5.    Recipient participating in ski race trainings is obliged to purchase an accident insurance.
6.    Recipient is obliged to have during activities a protective helmet and, in case of slalom training, pads for shins and hands as well. Instructor has a right to refuse conducting ski race trainings when Recipient does not have protective helmet or pads for shins and hands. In this case there shall be no right of reimbursement.
7.    Instructor has a right to refuse conducting lesson if Customer is under the influence of alcohol (or other intoxicants). In this case there shall be no right of reimbursement.

 

§8 Prices

1.    The prices featured on the website http://www.hski.pl include VAT tax and are given in Polish currency.
2.    At Customer’s request we issue an invoice to ordered Services.

 

§9 Personal data protection and administration of personal data

1.    The administrator of personal data is HSKI Andrzej Hyc, based in 31-607 Cracow, Al. Tysiąclecia 22/29.
2.    Any information about personal data processing are included in Privacy Policy of HSKI Andrzej Hyc, which is an attachment to the present Terms of use.

 

§10 Final provisions

1.    Recipient may contact with Service provider by sending e-mail on address: info@hski.pl or by telephone.
2.    Recipient must not make use of e-mail address and website http://www.hski.pl in order to deliver contents of illegal character.
3.    To all matters not settled herein, provisions of Polish law shall apply, particularly of Civil Code and acts indicated in Rules content.
4.    To make use of the website http://www.hski.pl it is necessary to have device with Windows XP or newer operational system, correctly configured web browser (supporting encryption 128 bit) as well as access to the Internet. It is indicated that to increase safety of transactions, Recipient should use system which is updated with the newest critical updates and antivirus/firewall software.
5.    The present Terms of use has been in force since 20.05.2018.