PL

Terms and Conditions — HSKI Group

Effective as of: 06.06.2024

§1 Definitions

  1. Service Provider – means the HSKI Ski and Snowboard School, operated by GRUPA HSKI SP. Z O.O., Szlak 77/222, 31-153 Kraków, Tax ID (NIP): 6762632486, website address: www.hski.pl.
  2. Business Premises – the office of the Service Provider in Zakopane at the Harenda ski station is considered the business premises.
  3. Consumer – a natural person concluding a legal transaction with the Service Provider that is not directly related to their business or professional activity.
  4. Entrepreneur – means a natural person, a legal entity, or an organizational unit without legal personality granted legal capacity under specific regulations, conducting business or professional activity in their own name.
  5. Customer – a Consumer or Entrepreneur concluding a Service Agreement.
  6. Service – means the services offered to Customers by the Service Provider. Detailed information regarding the services is published on the Service Provider's website: http://www.hski.pl or at the Business Premises.
  7. Lesson – the duration of Service provision; one Lesson lasts 55 minutes.
  8. Booking – a Service consisting in enabling the Customer to book selected Services.
  9. Service Agreement – an agreement for the provision of services concluded at the Business Premises or remotely.
  10. Children's Course – a skiing or snowboarding course Service for a group of children aged 4–6 and 6–12.
  11. Adult Course – a skiing or snowboarding course Service for a group of adults and youth.
  12. Group Courses – a skiing or snowboarding course Service for an organized group of at least 20 people.
  13. Form – the form available on the website www.hski.pl enabling Bookings and the conclusion of the Service Agreement.
  14. Instructor – an employee of the Service Provider delivering the Service on behalf of the Service Provider.
  15. Terms and Conditions – means this document.

§2 General Provisions Regarding Services Provided

  1. The main scope of business activity of the Service Provider is downhill skiing and snowboarding instruction.
  2. Details regarding the Services published on www.hski.pl are for informational purposes only and are subject to change.
  3. A condition for using the Services is reading and accepting all provisions of these Terms and Conditions, and in the case of minors, by their legal representatives.
  4. The Service Agreement may be concluded via Booking or directly at the Business Premises.
  5. A condition for Service provision is payment of the full price prior to its commencement.
  6. The Customer is obliged, before leaving the ticket counter/cash desk, to verify the receipt received, which contains all detailed information regarding the purchased Service, such as: date and time of performance, the Instructor who will deliver the Service, name of the Service, and location of performance. The receipt constitutes confirmation of concluding the Agreement.
  7. Due to the specific nature of the Services, provision begins and ends at strictly designated times.
  8. In the event of a delay in the delivery of the Service arising on the part of the Customer, the Service is not subject to extension and concludes at the time agreed upon by the parties prior to its commencement.
  9. Delivery of the Service takes place on the premises of the Harenda ski station or at another location previously agreed upon between the Customer and the Service Provider.
  10. Separate regulations may apply within the premises of the Harenda ski station or at other previously agreed locations, the provisions of which are also binding on the Customer independently of these Terms and Conditions.
  11. The Service consists of one or more Lessons. Each Lesson lasts 55 minutes. In the case of two or more Lessons running consecutively, the duration of the Service is the sum of the Lessons.
  12. A Lesson begins and ends in front of the Service Provider's Business Premises.
  13. The Service may be used by an adult or by a minor with the prior consent of their legal representative (parent or guardian). In the event of concluding a Service Agreement by an actual guardian (teacher, educator, custodian, family member), it is presumed that they have obtained consent from the minor's legal representative.
  14. It is the responsibility of the legal representative (parent or guardian) or actual guardian to pick up the minor punctually after classes finish in front of the Service Provider's Business Premises.
  15. Each person using the Service should have prepared: ski/snowboard equipment, a ski helmet, and a ski lift pass.
  16. Every skier or snowboarder up to 16 years of age is required to wear a protective helmet while riding on the slope.
  17. The Instructor may refuse to conduct a Lesson if the person using the Service is under the influence of alcohol (or other intoxicating substances); in such case, no price refund is granted.
  18. Each Service begins with a warm-up. In the event of refusal to participate in the warm-up, the Instructor may refuse further delivery of the Service. In such case, no price refund is granted.
  19. The Service Provider is not liable for the outcome/result of the Service provided, but for the manner of its execution.
  20. Ski and snowboard instruction is conducted on the basis of the training syllabus developed by the Association of Ski Instructors and Coaches (SITN), by qualified instructional staff.
  21. Operating hours of the Business Premises during the winter season: 8:30 AM – 8:00 PM.

§3 Service Booking

  1. Bookings for any of the Services offered by the Service Provider can be made exclusively in person at the Business Premises, by phone, or via the Form on the website http://www.hski.pl.
  2. In-person Booking at the Business Premises is made by selecting the date and type of Service and paying a deposit amounting to the full price of the booked Service. In the event of failure to appear by the Customer or the third party on whose behalf the Service was to be rendered at the scheduled commencement time according to the Booking, the Service Provider reserves the right to withdraw from the Booking without granting an additional grace period and retain the received deposit within one week from receiving information about the event described above. In such case, the deposit paid is retained by the Service Provider. If the Customer or third party appears at the specified time, the deposit paid is credited toward the Service price. An in-person Booking at the Business Premises constitutes conclusion of the Service Agreement.
  3. Phone Bookings can be made by selecting the date and type of Service. A phone Booking does not constitute conclusion of a Service Agreement between the Service Provider and the Customer. The conclusion of said Agreement takes place at the Business Premises. The person making a phone Booking is required to appear at the Business Premises no later than 120 minutes before the scheduled start of the booked Service, and in the case of Lessons starting at 8:30 AM and 9:00 AM – at the latest on the day preceding the Service during Business Premises operating hours, and conclude the Service Agreement on site, subject to §5 sec. 1. In the event of failure to appear within the specified timeframe, the Service Provider is entitled to cancel the Booking. Full payment must be made upon concluding the Service Agreement.
  4. Excluding Children's Course bookings, if a deposit was paid during the Booking process, the Customer has the right to cancel the Booking in person at the Business Premises or effectively by phone during helpline operating hours no later than 120 minutes prior to the start of the booked Service, and for Lessons starting at 8:30 AM and 9:00 AM – at the latest on the day preceding the Service in person at the Business Premises or effectively by phone during helpline hours. In such case, the Agreement is terminated. If this deadline is not met, the Service Provider reserves the right to withdraw from the Booking without granting an additional period and retain the deposit received within one week from receiving information about the missed deadline.
  5. In the event of terminating the Agreement within the timeframe specified in sec. 4, the Customer is not entitled to a monetary refund of the amount paid. The Customer receives a voucher from the Service Provider for the value of the cancelled amount, valid indefinitely for any Services provided by the Service Provider at the Harenda Ski Resort. The voucher is sent exclusively to the email address provided by the Customer.
  6. The Customer has the right to reschedule a Lesson no later than 120 minutes before the start of the booked Service, and for Lessons starting at 8:30 AM and 9:00 AM – at the latest on the day preceding the Service during Business Premises operating hours. Rescheduling can be completed in person at the Business Premises or effectively by phone during helpline operating hours.
  7. A Customer making a Booking also acts on behalf of all individuals specified in the Booking, assuming responsibility for compliance with Booking conditions by those individuals, including payment of the full price for all persons indicated, and by paying the full price expresses consent on their behalf. The Customer is also responsible for informing those individuals of all details concerning the Service.

§4 Distance Conclusion of Service Agreements with Consumers

  1. The provisions of this section apply to concluding an Agreement with a Consumer via the Form.
  2. The Service Agreement with the Consumer is concluded upon submitting the Form. Following receipt, the Service Provider promptly sends the Consumer confirmation of conclusion of the Service Agreement to the Consumer's email address.
  3. Conclusion of the Service Agreement via the Form takes place upon fulfilling all of the following steps:
    • a) reviewing and accepting these Terms and Conditions and the Privacy Policy of GRUPA HSKI SP. Z O.O.,
    • b) completing the Form (use of the Form is one-off and concludes upon completing the Booking through it),
    • c) checking the box: "I hereby request immediate commencement of performance of the Service Agreement, acknowledge and agree that I will lose my right of withdrawal from the Service Agreement upon clicking 'Booking'",
    • d) receiving confirmation of Booking via the Consumer's email address or by phone,
  4. Until clicking the "Booking" button, the Consumer may independently modify entered data (following system prompts and information available on www.hski.pl). The Form requires providing the following data: first and last name / company name, address (street, building number, apartment number, city, and postal code), email address, and contact phone number.
  5. The confirmation sent to the Consumer's email address includes information on:
    • a) main characteristics of the Service, taking into account the subject of performance and communication methods;
    • b) identifying data of the Service Provider, in particular trade name, registration authority, and registration number;
    • c) address of the Service Provider, email address, and phone/fax numbers if available, through which the Consumer can contact the Service Provider quickly and effectively;
    • d) address where the Consumer may submit complaints regarding Services provided by the Service Provider, if different from the address specified in item c;
    • e) payment methods and deadlines;
    • f) method and timeline of Service fulfillment by the Service Provider and the complaint handling procedure;
    • g) manner and deadline for exercising the statutory right of withdrawal from the Agreement, as well as the model withdrawal form in Appendix No. 1 to these Terms and Conditions;
    • h) circumstances resulting in the absence of the right of withdrawal;
    • i) duration of the Service Agreement;
    • j) minimum duration of the Consumer's obligations under the Agreement;
    • k) functionality of digital content and technical protection measures;
    • l) relevant interoperability of digital content with hardware and software known or reasonably expected to be known by the trader;
    • m) access to out-of-court dispute resolution mechanisms and complaint handling procedures.
  6. Concluding a distance Service Agreement entails the obligation to settle the full price under the Agreement concluded between the Consumer and the Service Provider prior to commencement of the Service.
  7. Payment is made in cash at the Service Provider's Business Premises. Payment must be settled no later than 120 minutes before the start of the booked Service, and for Lessons starting at 8:30 AM and 9:00 AM – at the latest on the day preceding the Service during Business Premises operating hours, subject to §5 sec. 1.
  8. In the event of failure to settle payment within the timeframe indicated in item 7, the Service Provider is entitled to withdraw from the Service Agreement within one week from obtaining information regarding the Consumer's default.
  9. If a deposit was paid during the Booking process, the Customer has the right to cancel the Booking in person at the Business Premises or effectively by phone during helpline operating hours no later than 120 minutes prior to the start of the booked Service, and for Lessons starting at 8:30 AM and 9:00 AM – at the latest on the day preceding the Service in person at the Business Premises or effectively by phone during helpline operating hours. In such case, the Agreement is terminated. If this deadline is not met, the Service Provider reserves the right to withdraw from the Booking without granting an additional period and retain the deposit received within one week from receiving information about the missed deadline.
  10. In the event of terminating the Agreement within the timeframe specified in sec. 9, the Customer is not entitled to a monetary refund of the amount paid. The Customer receives a voucher from the Service Provider for the value of the cancelled amount, valid indefinitely for any Services provided by the Service Provider at the Harenda Ski Resort.
  11. The Customer has the right to reschedule a Lesson no later than 120 minutes before the start of the booked Service, and for Lessons starting at 8:30 AM and 9:00 AM – at the latest on the day preceding the Service during Business Premises operating hours. Rescheduling can be completed in person at the Business Premises or effectively by phone during helpline operating hours.
  12. A Customer concluding a Service Agreement also acts on behalf of all individuals specified in the Agreement, assuming responsibility for compliance with Agreement conditions by those individuals, including payment of the full price for all persons indicated, and by paying the full price expresses consent on their behalf. The Customer is also responsible for informing those individuals of all details concerning the Service.
  13. All claims and obligations, including those specified in the Act of 30 May 2014 on Consumer Rights, arise exclusively and directly between the Consumer and the Service Provider. The Consumer may withdraw from the Service Agreement within 14 days from its conclusion. The notice of withdrawal is submitted to the Service Provider by sending a statement following the template in Appendix No. 1 to these Terms and Conditions to the email address: info@hski.pl.
  14. Where the Service Agreement is to be performed by the Service Provider before the expiry of the 14-day withdrawal period from the date of Booking, performance is conditional upon the Consumer submitting a statement reading: "I hereby request immediate performance of the service agreement, acknowledge and agree that I will lose my right of withdrawal from the above agreement."

§5 Delivery of Children's Courses

  1. Payment for the Children's Course must be settled at the Business Premises no later than 24 hours prior to course commencement; otherwise, the Service Provider reserves the right to withdraw from the Agreement (cancel the Booking) within one week from learning of the default.
  2. The Economy Package is designed for children aged 4–6. A condition for child participation in the Economy Package Children's Course is reaching 4 years of age at the latest on the course start date. The Basic Package is designed for children aged 6–12. A condition for child participation in the Basic Package Children's Course is reaching 6 years of age at the latest on the course start date.
  3. Children's Courses are conducted in Polish and English. For children who do not speak Polish, communicative proficiency in English is a condition for participation. If English proficiency is insufficient to conduct classes, the Service Provider may refuse further delivery of the Service. In such case, the Customer is not entitled to a refund.
  4. A child enrolled in a Children's Course meets the Instructor in front of the Business Premises at the designated times and dates. In the event of late arrival by the Customer, the Service is not extended and ends at the previously established time.
  5. A child enrolled in a Children's Course must be brought 10 minutes prior to class on the first day, and 5 minutes prior to class on subsequent days.
  6. Every child enrolled in a Children's Course must have mandatory equipment at each session: ski/snowboard equipment, a ski helmet, and a ski lift pass; otherwise, they will not be permitted to participate in classes scheduled in the Children's Course program.
  7. Every skier or snowboarder up to 16 years of age is required to wear a protective helmet while riding on the slope.
  8. The binding program for Service delivery is the schedule received upon making payment for the Children's Course.
  9. During the Children's Course, each child takes part in one attraction daily. The Service Provider reserves the right to change attractions or their order on specific days.
  10. The Service Provider may cancel or adjust the Children's Course program due to external factors beyond its control, such as adverse weather conditions preventing safe training, of which the Customer will be informed in advance.
  11. During the Children's Course, the child receives an identification/bib number from the Service Provider, which must be worn for safety reasons during all activities listed in the course program. In the event of losing the bib number, the parent or legal guardian will be charged a fee of 100 PLN (contractual penalty).
  12. It is the responsibility of the legal representative (parent or guardian) or actual guardian to pick up the child punctually in front of the Business Premises after classes conclude.
  13. Before the start of the Children's Course, the Service Provider assigns children to groups based on age and skill level declared by the Customer during Booking or in the Questionnaire. Final group assignment is decided exclusively by the lead Instructor. Consequently, the child may participate in different groups throughout the Children's Course.
  14. The minimum number of children required to form a group in the Children's Course is 8, accounting for skill level and age. The Service Provider may terminate the Agreement without additional damages or compensation if the number of enrolled children is lower than the minimum required. In such case, the Customer will be notified in advance.
  1. In the event of withdrawal from the Children's Course after payment has been made or during its duration, the Customer is not entitled to a refund of the price paid.

§6 Delivery of Adult Courses

  1. Bookings for adult courses can be made in person at the Business Premises, via the Form, or by phone.
  2. Before commencing adult courses, the Service Provider assigns the Customer to a group based on the skill level declared during Booking. Final group assignment is decided exclusively by the lead Instructor. Consequently, an adult participant may take part in sessions across different groups during Adult Courses.
  3. An adult enrolled in an Adult Course meets the Instructor in front of the Business Premises at the designated times and dates. In the event of late arrival, the Service is not extended and ends at the previously established time.
  4. Every adult enrolled in the course must obligatorily have at each session: ski/snowboard equipment, a ski helmet, and a ski lift pass; otherwise, they will not be permitted to take part in classes.
  5. Every skier or snowboarder up to 16 years of age is required to wear a protective helmet while riding on the slope.
  6. The binding program for Service delivery is the schedule received upon making payment for the Adult Course.
  7. The Service Provider may cancel or modify the Adult Course program due to external factors beyond its control, such as adverse weather conditions preventing classes, of which the Customer will be informed in advance.
  8. The minimum number of adult participants required to form a group in the Adult Course is 8, taking into account skill level. The Service Provider may terminate the Agreement without additional damages or compensation if the number of enrolled adults is lower than the minimum required. In such case, the Customer will be notified in advance.
  1. In the event of withdrawal from the Adult Course after payment has been made or during its duration, the Customer is not entitled to a refund of the price paid.

§7 Prices

  1. Prices published on the website http://www.hski.pl include VAT and are stated in Polish currency (PLN).
  2. Upon the Customer's request, a VAT invoice will be issued for ordered Services.

§8 Personal Data Protection and Administration

  1. The personal data controller is GRUPA HSKI SP. Z O.O., Szlak 77/222, 31-153 Kraków, Tax ID (NIP): 6762632486.
  2. Full information on personal data processing can be found in the Personal Data Protection Policy of GRUPA HSKI SP. Z O.O., Szlak 77/222, 31-153 Kraków, Tax ID (NIP): 6762632486, available at: http://hski.pl/politykaprywatnosci/.

§9 Final Provisions

  1. The Customer may contact the Service Provider by emailing info@hski.pl or by phone.
  2. The Customer must not use the email address or the website http://www.hski.pl to deliver unlawful content.
  3. In matters not governed by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code and the statutes referenced in these Terms and Conditions.
  4. Using the website http://www.hski.pl requires an internet-enabled device (computer, tablet, or phone) and an up-to-date web browser supporting encrypted connections (e.g., Chrome, Safari, Firefox, Edge). To enhance transaction security, the Customer should use a system updated with the latest critical updates along with antivirus/firewall software.
  5. These Terms and Conditions are effective as of 06.06.2024.