Terms of Service

Qtravel.ai – Terms of Service

I. Introduction

1. These Terms of Service set out the rules for the use of the Website available at https://www.qtravel.ai.
2. The User may use the Services only after having read the Terms of Service and the Privacy Policy. If the User does not accept the Terms of Service or the Privacy Policy, he/she should not use the Services of the Website.
3. The Terms of Service are made available on the Website free of charge to every User prior to the conclusion of the Agreement and, at the User’s request, in a manner that enables the User to obtain, display, and record the content of the Terms of Service by means of the ICT system used by the User.

II. Definitions

1. The definitions used in these Terms of Service have the following meaning:
2. Contact form – means a form through which a User submits an enquiry or a request for contact and conversation.
3. Commercial information – means commercial information within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means.
4. Civil Code – means the Act of 23 April 1964 – Civil Code.
5. Newsletter – means a message distributed via electronic mail containing commercial information.
6. Cookies – means text files saved by the web browser on the User’s computer disk or mobile device in order to store information used to identify the User or remember the history of actions taken by the User on the Website.
7. Privacy Policy – a document that describes the manner of processing and securing personal data by the Service Provider.
   Terms of Service – these terms and conditions of providing Services by the Service Provider.
8. Website – a website available at https://www.qtravel.ai, owned by the Service Provider.
9. Agreement – a contract for the provision of Services concluded between the Service Provider and User under the conditions specified in the Terms of Service.
10. Services – services rendered electronically to Users by the Service Provider, which include in particular, free access to materials collected in connection with the operation of the Website and receiving the Newsletter that contains marketing information, in particular, commercial information with regard to products and services offered by the Service Provider.
11. Service Provider – the entity that renders the Services, i.e. Q&Q Sp. z o.o. with its registered office in Gdańsk (80-175), ul. Jabłoniowa 20, entered in the register of entrepreneurs of the National Court Register under the KRS number 0000347581 by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, NIP (Tax Identification Number): 5833091911, REGON (Business Registry Number) 220945813, share capital of PLN 334 000.00, e-mail: [email protected].
12. User – a person using the Website in accordance with the principles specified in the Terms of Service.

III. General principles

1. The Service Provider may provide Services and conduct other informational, commercial or advertising activities through the Website.
2. Users are obliged to use the Website in a manner compliant with applicable law, the Terms of Service, and the rules of social coexistence.
3. Users are obliged in particular to:
   1. use the Website in a manner that does not interfere with its functioning,
   2. use the Website in a manner that is not burdensome to other Users and the Service Provider, with respect to the personal rights of third parties (including the right to privacy) and any other rights vested in them,
   3. refrain from any actions that could impede or disrupt the functioning of the Service and not to undertake any actions to the detriment of the Service Provider, Users and other persons,
   4. use any information and materials made available through the Website only for their permitted use.
4. Users are obliged to promptly notify the Service Provider of any violation of their rights in connection with the use of the Website.
5. Users may cease using the Website at any time (terminate the Service Agreement), in particular if they do not accept amendments to these Terms of Service, the Privacy Policy, or modifications made to the Website.
6. The Service Provider may refuse to provide the Service if justified by security reasons or the Service Provider’s legitimate interest, as well as in cases indicated in the Terms of Service.
7. It is not permitted for the User to use the Website to provide unlawful content and prohibited data, understood as prohibited content by the applicable provisions of Polish and international law, in particular pornographic content, content associated with the promotion of violence and hatred, as well as content generally regarded as offensive, socially inappropriate, offending religious feelings, violating copyrights or the rights of others, whose provision within the Service is not permitted.
8. The User is fully legally responsible for the data, materials, and information published by him/her on the Website.
9. The use of the Website is free of charge, subject to the possible costs of data transmission resulting from agreements concluded by the User with telecommunications operators or other Internet providers and the scope of such data transmission.
10. The Service Provider does not place offers made in electronic form on the Website.

IV. Technical requirements

1. In order to use the Services offered on the Website, the User must meet the technical requirements indicated in this section.
2. The use of the Website depends on the User having a computer or other multimedia device with access to the Internet.
3. In order to properly use the Services, the installation of an updated version of an internet browser is required (Internet Explorer, Chrome, Mozilla, Opera, Safari) with JavaScript and Cookies enabled.
4. The correct use of the Services is possible only after meeting the technical requirements indicated in paragraphs 2-3 above. The Service Provider shall not be liable for any irregularities in the provision of Services arising in connection with the User’s failure to meet the above requirements.
5. Pursuant to Article 6(1) of the Act on Providing Services by Electronic Means, the Service Provider informs the User that using the Services may involve the standard risks related to the use of the Internet and recommends taking appropriate steps to minimise them.
6. The User should not use a computer or any other device that allows the use of Services which are not protected against unauthorized access.
7. The Service Provider maintains ongoing supervision over the technical functioning of the Website, thus ensuring its correct operation, and therefore reserves the right to suspend access to the Website. Interruptions in access to the Website may be caused by updating the Website or removing possible irregularities in its operation. The Service Provider shall make every effort to ensure that the interruption periods are the least burdensome for the Users.

V. Principles of using the Website by the Users

1. The User has the possibility to send the Service Provider a request for contact and conversation.
2. The User may use the Website by doing the following:
   1. filling in the Contact Form;
   2. accepting consent for the processing of personal data;
   3. giving consent to receive electronic information to the electronic mail address provided in the Contact Form;
   4. pressing the ‘Send’ button.
3. The Service Provider may request additional documents and information from the User in order to verify the User’s identity or an authorization to represent a given entity.
4. The use of the Website is not directly related to the provision of services offered by the Service Provider within the scope of its business activity, and the Service Provider’s actions are dependent on the conclusion of a separate agreement between the Service Provider and the User, in which mutual obligations, the Service Provider’s remuneration, and other important conditions necessary for the Service Provider to take action will be specified.
5. If the Service Provider sends an order to the User for his/her acceptance and signature, it shall be deemed to be an offer to conclude a service agreement under the conditions specified in the order. Such an offer is valid for a period of 7 days from the date of its sending by the Service Provider, and expires after this time. If the User submits a counteroffer, the conclusion of the agreement requires the Service Provider’s unequivocal acceptance of the terms of the counteroffer.
6. The Service Provider is entitled to disclose or refer to the fact that it cooperates with the User.

VI. Conclusion of the Agreement

1. A Service Agreement with the User who uses the Website is concluded when the first window of the Website is displayed as a consequence of the User’s entering in the browser the relevant web address of the sites that contain the content made available within the Website.
2. The Agreement shall be terminated in the situations described in item X of the Terms of Service.

VII. Liability

1. The Service Provider shall not be liable for any damage arising in connection with the User’s use of the Website in a manner inconsistent with the law or the provisions of these Terms of Service.
2. The Service Provider shall not be liable for any damage that results from the discontinuation of the Service / termination of the Agreement due to the User’s breach of the rules set out in the Terms of Service.
3. The Service Provider shall not be liable for technical problems or limitations in the User’s equipment which may prevent him/her from using the Website.
4. The Service Provider shall not be liable for the damage that results from the actions of third parties claiming to be the User.
5. Providing incorrect or incomplete data by the User may result in the lack of the implementation or improper implementation of Services, for which the Service Provider is not responsible.
6. The Service Provider shall furthermore not be liable for:
   1. the decisions or actions taken by the User on the basis of the data contained on the Website and their selection or suitability for specific purposes,
   2. the information downloaded by the User from the Internet and the consequences of their use by the User,
   3. damage that results from the violation of third party rights by the Users,
   4. services, applications, and websites provided by third parties,
   5. the correctness and validity of the data contained in the materials and content published on the Website, as well as for their selection or suitability for specific purposes,
   6. damage resulting from force majeure.
7. Moreover, the Service Provider shall not be liable for damages incurred by the User due to the threats that occur on the Internet, in particular hacking into the User’s system, interception of passwords by third parties, infecting the User’s system with viruses.
8. Neither party shall be liable to the other party for lost profits.

VIII. Copyright

1. The Website and all materials and information contained therein, and in particular texts, navigation solutions, the selection and layout of the presented content, logotypes, graphic elements, trademarks, are subject to the exclusive rights of the Service Provider or third parties.
2. Users are not allowed to use any graphic elements which are the subject of the Service Provider’s rights, except for the situation explicitly indicated in the Terms of Service or with the prior written consent of the Service Provider.
3. The User acknowledges that any action that results in or is aimed at infringing the Service Provider’s copyright constitutes a violation of the law and the provisions of these Terms of Service.
4. The content of the Website forms a database which is subject to protection under the Act of 27 July 2001 on the protection of databases.
5. It is forbidden to make the data contained on the Website, which constitute the database, available to the public on the Internet or any other telecommunication or computer networks.
6. Downloading or secondary use for any purpose of a substantial part of the database contained on the Website is prohibited.

IX. Complaints

1. The User has the right to raise concerns regarding the Website and the Services provided through it in the form of a complaint.
2. Complaints may be filed in writing, by sending the complaint to the Service Provider’s correspondence address indicated in item II of these Terms of Service, or electronically to the following address: [email protected].
3. In order to enable prompt consideration of a complaint, the User is advised to indicate in the complaint such information as: the description of the matter the complaint relates to and his/her e-mail address to which a reply is to be sent.
4. Within 14 working days from the date of its receipt, the Service Provider shall consider the complaint and inform the User by e-mail about how it has been processed. The time of providing additional explanations by the User extends the period of processing the complaint.
5. If the data or information provided in the complaint require supplementation, the Service Provider, before processing the complaint, may request the User to supplement it, indicating the necessary scope of supplementation.

X. Termination of the Agreement

1. The Service Agreement may be terminated by either party.
2. At any time, the User has the right to terminate the Agreement by ceasing to use the Services.
3. The termination of the Agreement in the case of a User who is not registered (who has not submitted a Contact Form) on the Website takes place at the moment of leaving the Website.
4. The provisions of this section of the Terms of Service do not exclude the Service Provider from taking other actions if they are provided for in the Terms of Service or in the legal regulations in force in the territory of the Republic of Poland.

XI. Newsletter

1. The Service Provider shall send commercial information electronically to Users who have given their prior consent. The commercial information relates, in particular, to the services provided by the Service Provider and to changes on the Website.
2. The User may at any time, without giving reasons, withdraw his/her consent to receive commercial information by sending an e-mail to the following address: [email protected], or via a link made available to the User in each newsletter sent by the Service Provider.

XII. Changes in the Terms of Service

1. The Service Provider reserves the right to amend these Terms of Service in the case of:
   1. the need to adapt these Terms of Service to those commonly applicable legal regulations that have a direct impact on the content of the Terms of Service;
   2. the need to adapt these Terms of Service to the rulings, provisions, or decisions of competent public authorities;
   3. changes to the scope of Services provided by the Website, including changes to the functioning of the Website and any of the Services, in particular those related to technical or technological progress,
   4. changes to contact details, names, identification numbers, electronic addresses, or links contained in the Terms of Service.
2. Amendments to the Terms of service shall come into force as of the date of their publication on the Website (in particular through the publication of the consolidated text of the Terms of Service that contains the amendments), to the extent permitted by the applicable law.
3. Within 7 days of being informed about changes in the Terms of Service, the User has the right to object to the changes introduced. The objection should be submitted in writing to the Service Provider’s registered address or to the e-mail address: [email protected]. Raising an objection causes an automatic cessation of the rights to use the website by the User.
4. If the User does not accept the provisions of the Terms of Service, they are obliged not to use the Website Services.
5. Changes to the Regulations do not produce effects with regard to the rights acquired by the User before the amended Terms of Service come into force, unless the User agrees to them.
6. The User who does not accept the changes introduced in the Terms of Service has the right to terminate the Agreement with immediate effect.
7. Further use of the Service by the User after the amendments to the Terms of Service shall be tantamount to the User’s confirmation that he/she is familiar with the amendments to the Terms of Service and to the User’s declaration of acceptance of all the amendments to the Terms of Service.

XIII. Personal data

1. The Controller of personal data shall be Q&Q Sp. z o.o. with its registered office in Gdańsk (80-175), ul. Jabłoniowa 20.
2. The Service Provider shall protect the privacy of Users in accordance with the requirements set forth in the applicable laws. The detailed principles of processing the Users’ personal data, as well as the purposes and principles of using Cookies on the website, shall be set out in the Privacy Policy.

XIV. Final clauses

1. The User is obliged to acquaint himself/herself with the content of these Terms of Service and shall always be bound by their provisions when using the Service.
2. All comments, questions, and queries related to the Terms of Service, as well as information on violations of the provisions of these Terms of Service by the Users should be sent to the following address: [email protected].
3. The Service Provider reserves the right to introduce changes to the functionalities of the Website by adding new features and facilities for Users and by modifying the existing functionalities, including the right to withdraw them. Changes to the Services shall be published on the Website and shall not constitute an amendment to these Terms of Service.
4. The Service Provider further reserves the right to suspend, at any time and for any reason, the operation of the Website.
5. If any provision of these Terms of Service is found to be invalid by a valid court decision, the remaining provisions of these Terms of Service shall remain in force.
6. The Terms of Service are valid indefinitely.
7. The Terms of Service are subject to Polish law.
8. In matters not regulated herein, the provisions of the Act on Providing Services by Electronic Means, the Act on Personal Data Protection, the GDPR, the Civil Code, the Act on Copyright and related rights as well as other relevant legal regulations shall apply.
9. Any disputes which may arise in connection with the implementation of the Terms of Service or the Agreement shall be settled by the court competent for the registered office of the Service Provider. In the case of Users who are consumers, any disputes related to the performance of the Agreement shall be settled by the court having jurisdiction in accordance with the provisions of the law.
10. A User who is a consumer has the possibility of using out-of-court ways of dealing with complaints and pursuing claims against the Service Provider. He may, inter alia, request free legal assistance from a municipal (regional) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation). The toll-free contact number to the Consumer Federation is +48 800 007 707.
    These Terms of Service are valid as of: 18 March 2021.