TERMS AND CONDITIONS OF THE www.skyforce.pl WEBSITE

Definitions

The terms used in these Terms and Conditions shall have the following meanings:

  1. Seller/Service Provider – Skyvan Service Piotr Wojciech Jafernik sp. k. with its registered office in Piotrkow Trybunalski (97-300), ul. Przemyslowa 48a, entered in the National Court Register by the District Court for Lodz-Srodmiescie in Lodz, 20th Commercial Division of the National Court Register under number 0000601717, NIP 7712883502, REGON 363725880, share capital PLN 5,000.00.
  2. Sky Force Polskie Centrum Spadochronowe – operating name (brand) of the business conducted by the Seller, under which skydiving services are provided, in particular skydiving, training and related services.
  3. Website – website operated by the Seller at www.skyforce.pl.
  4. Customer – a natural person with full legal capacity, and in cases provided for by law, also a person with limited legal capacity, acting with the consent of a legal representative, who purchases Products through the Website.
  5. Consumer – a Customer who is a natural person making a purchase not directly related to their business or professional activity.
  6. Recipient – a person entitled to use the service upon presentation of a valid Voucher and making a successful Reservation.
  7. Product – services offered by the Seller, in particular parachute jumps, and vouchers entitling the holder to use these services.
  8. Voucher – a document in electronic or paper form, confirming the conclusion of the Sales Agreement and entitling the holder to use the Seller’s services, marked with an individual identification number.
  9. Validity period – the time during which the Voucher or service must be used; after its expiry, the service cannot be used. The validity period is indicated in the Product description or in the Order confirmation.
  10. Reservation – notification by the Customer or the Recipient of the preferred date of service provision via the Website or in another form made available by the Seller, requiring confirmation by the Seller by e-mail or telephone.
  11. Sales Agreement – an agreement concluded between the Seller and the Customer via the Website.
  12. Order – a declaration of will made by the Customer via the Website, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Products ordered.
  13. Terms and Conditions – these Terms and Conditions of the Website available at www.skyforce.pl.

General provisions

  1. These Terms and Conditions have been drawn up on the basis of the laws in force in the Republic of Poland.
  2. The Terms and Conditions define the general terms and conditions for the provision of electronic services, as well as the terms and conditions of sale via the website www.skyforce.pl, operated by Skyvan Service Piotr Wojciech Jafernik sp. k.
  3. The Terms and Conditions are continuously available on the website www.skyforce.pl and its subpages in a manner enabling the Customer to obtain, reproduce, and record their content, in particular by saving or printing them at any time.
  4. The condition for starting to use the website is to read the Terms and Conditions and accept them in full. Acceptance of the Terms and Conditions is deemed to be equivalent to the Seller providing the Consumer with the information referred to in Article 12 of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended), contained in these Terms and Conditions.
  5. Use of the website is possible provided that the Customer’s ICT system meets the following minimum technical requirements:
  • a computer or mobile device with Internet access,
  • an active e-mail account,
  • a web browser (e.g. Firefox, Chrome, Safari, Opera, or Microsoft Edge) in its current version,
  • JavaScript enabled.
  1. The Customer is obliged to:
  2. a) provide only true, current, and complete data when placing Orders and update it immediately in the event of any changes;
  3. b) use the services offered by the Seller in a manner that does not interfere with the functioning of the website or other Customers;
  4. c) use the website in accordance with applicable law and the provisions of these Terms and Conditions.
  5. In accordance with applicable law, from January 1, 2021 the provisions of these Terms and Conditions relating to Consumers, in particular with regard to the right to withdraw from the contract, liability under the warranty and prohibited contractual provisions, shall also apply to natural persons concluding a contract directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for them.
  6. In order to determine whether a given contract is of a professional nature, verification shall be carried out on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG).

Services provided electronically

Through the Website, the Seller provides services electronically, consisting in particular in enabling Customers to place Orders and conclude Contracts for the sale of Products on the terms set out in these Terms and Conditions.

  1. The Agreement for the provision of Electronic Services consisting in enabling the placement of Orders on the Website is concluded for a fixed period and is terminated upon:
  2. a) placing an Order, or
  3. b) the Service Recipient ceasing to place Orders.
  4. The Seller may terminate the contract for the provision of Electronic Services with 14 days’ notice for important reasons, in particular in the event of:
  5. a) changes in the legal provisions governing the provision of electronic services,
  6. b) changes in the scope or manner of providing the services covered by these Terms and Conditions.
  7. In the event of a breach of the provisions of the Terms and Conditions by the Customer or the Service Recipient, the Seller may, after a prior unsuccessful request to cease the breaches and setting an appropriate deadline, terminate the contract for the provision of Electronic Services with 14 days’ notice.
  8. Termination of the contract for the provision of Electronic Services by either Party, as well as its termination by mutual consent of both Parties, shall not affect the rights acquired by the Parties prior to the date of termination of the contract.

Sales Agreement

  1. The information presented on the Website is for informational purposes only and constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, and not an offer within the meaning of the Civil Code.
  2. The prices of Products listed on the Website are expressed in Polish zlotys and include applicable taxes. The Customer is informed about the total price of the Order, delivery costs (if any), and other possible fees at the latest at the moment of expressing their will to conclude a Sales Agreement.
  3. Orders can be placed via the Website 24 hours a day. The conditions for placing an Order are:
  4. a) completing the Order form,
  5. b) having an active email address,
  6. c) accepting these Terms and Conditions.
  7. In order to place an Order, the Customer selects a Product available on the Website, specifies its quantity and required parameters, provides the necessary data, accepts the Terms and Conditions, and selects the payment method.
  8. The total value of the Order and the final price are visible in the Order summary before its confirmation.
  9. Placing an Order constitutes an offer to conclude a Sales Agreement. The Sales Agreement is concluded when the Seller sends the Customer a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer.
  10. The Customer is obliged to pay the price for the ordered Product. The condition for activating the service is payment of the full amount of the Order, subject to the exceptions provided for in the Terms and Conditions.
  11. Vouchers:
  12. a) cannot be exchanged for cash,
  13. b) entitle the holder only to the provision of the service,
  14. c) are subject to the rules resulting from the provisions on distance contracts.
  15. The voucher is delivered to the Customer in accordance with their choice:
  16. a) in electronic form – as an eVoucher sent to the specified e-mail address,
  17. b) in paper form – via InPost delivery.

Payments

  1. The Customer may use the following payment methods:
  2. a) electronic (online) payments via a payment operator,
  3. b) traditional bank transfer to the Seller’s bank account,
  4. c) payment on site before the jump, in accordance with the information provided to the Customer during the booking process.
  5. If electronic (online) payments are selected, the Order will be processed after:
  6. a) the Seller sends the Customer confirmation of acceptance of the Order for processing, and
  7. b) the Seller receives information from the payment operator that the payment has been made correctly.
  8. If a traditional bank transfer is selected, the Customer is obliged to make the payment within the time limit specified in the Order confirmation. The Order is processed after the funds are credited to the Seller’s bank account.
  9. If you choose to pay on site before the jump, the terms of payment (including any obligation to pay a deposit) are determined individually when booking the jump date.
  10. The electronic payment operator is:

PayPro S.A. with its registered office in Poznan (60-327), ul. Pastelowa 8,

KRS 0000347935, NIP 7792369887, REGON 301345068,

operating under the Przelewy24 brand.

  1. When making an electronic payment, the Customer is informed each time – immediately before making the payment – about the amount due, available payment methods, and the payment operator’s details.
  2. Detailed rules for making electronic payments are specified in the payment operator’s regulations, available on the Przelewy24 website.
  3. The Customer authorizes the Seller to issue and send a VAT invoice or other accounting document in electronic form, without the need for the recipient’s signature.

Terms and conditions of booking and service provision

  1. The Customer or the Recipient may use the purchased service or Voucher during its period of validity, in the season from April to October, with the proviso that the provision of the service is dependent on weather conditions.
  2. In order to use the service, the Customer or the Recipient is required to make a reservation and actually perform the jump before the expiry date of the Voucher. Simply making a reservation before the expiry date of the Voucher does not constitute its use. The reservation is made in order to determine, in particular, the place and time of the service, the participant’s details, and other necessary organizational details.
  3. The agreed date of service or Voucher may be changed no later than 48 hours before the planned jump date.
  4. a) The date may be changed no more than twice.
  5. b) Once the Voucher has expired, the date cannot be changed.
  6. c) Exceeding the limit of changes or failure to meet the notification deadline will result in the Voucher being considered redeemed.
  7. The Seller shall make every effort to ensure that the service is provided at a time convenient for the Customer or the Recipient, but does not guarantee the availability of each specified date.
  8. Failure to perform the service within the validity period of the Voucher, as well as failure to actually perform the jump before the expiry of the validity period, shall result in the expiry of all rights under the Agreement, in particular the right to perform the service and the right to a refund.
  9. The Customer or the Recipient is obliged to strictly follow the instructions, regulations, recommendations, and orders of persons representing Sky Force Polskie Centrum Spadochronowe, in particular instructors and personnel responsible for safety.
  10. The Seller has the right to refuse to provide the service or redeem the Voucher if the Customer or the Recipient:
  11. a) fails to follow the instructions of the staff,
  12. b) is under the influence of alcohol, intoxicants, or psychoactive substances,
  13. c) due to their health or mental and physical condition, does not meet the conditions for the safe provision of the service.
  14. The Seller may require the Customer or the Recipient to sign additional statements related to safety, health, or risk acceptance. Refusal to sign the required documents constitutes grounds for refusal to perform the service, without the right to a refund.
  15. The condition for the performance of the service is that the Customer or the Recipient does not exceed 110 kg (clothed). The responsibility for meeting this condition rests with the Customer or the Recipient. If the Customer or the Recipient arrives at the place of service provision and is found to exceed the permissible weight, the service will not be provided and the Voucher will be considered redeemed, without the right to a refund.
  16. The Customer or the Recipient is required to arrive at the place of service at least 15 minutes before the agreed time, unless the Seller specifies a different time of arrival.
  17. Failure to appear at the designated location or a delay exceeding 15 minutes shall result in the loss of the right to the service or Voucher, regardless of the reason, without the right to a refund.
  18. The time of the jump may change for organizational or technical reasons beyond the Seller’s control, which may result in a longer stay at the airport and a longer wait for the jump.
  19. The provision of the service is dependent on weather conditions. If, in the Seller’s opinion, weather conditions could endanger the health or life of the participant, the service may be canceled.
  20. a) In such a case, the Customer or the Recipient has the right to set a new date for the service.
  21. b) The Seller is not responsible for any costs incurred by the Customer or the Recipient, in particular transportation, accommodation, or other related costs.
  22. In the event of failure to perform the service for technical reasons beyond the Seller’s control, in particular equipment or aircraft failure, the Customer or the Recipient has the right to set a new date for the service, without the right to reimbursement of additional costs incurred on their own.
  23. In the case of booking a jump for a group of at least 3 people, with the option of paying in cash on the day of the service, the Seller reserves the right to require a deposit.
  24. a) The amount of the deposit is determined individually at the time of booking.
  25. b) Failure to pay the deposit within the specified time may result in the cancellation of the booking.
  26. c) The deposit is credited towards the price of the service on the day of the jump.
  27. In the case of minors or persons without full legal capacity, the provision of the service requires:
  28. a) the written consent of a legal representative, under pain of nullity,
  29. b) the presence of at least one legal guardian at the place of service provision.

Failure to meet the above conditions constitutes grounds for refusing to provide the service.

  1. In cases of refusal to provide the service for the reasons specified in this paragraph, the Customer or the Recipient shall not be entitled to any claims, in particular for the service to be provided again, a refund, or reimbursement of additional costs.

Place of service provision

  1. Services provided by Sky Force Polskie Centrum Spadochronowe, operated by Skyvan Service Piotr Wojciech Jafernik sp. k., are performed at the Piotrkow Aeroclub.
  2. The Customer or the Recipient is required to arrive at the place of service provision at the time specified during the booking.
  3. The Seller reserves the right to change the place of service provision for organizational, technical, or reasons beyond the Seller’s control. In such a case, the Customer or the Recipient will be informed of the change and has the right to set a new date for the service provision, without the right to additional claims.
  4. Detailed rules for the provision of the service are specified in separate regulations and instructions applicable at the place of service provision.

Right to withdraw from the Agreement and its exclusion

  1. The Consumer has the right to withdraw from a distance Agreement within 14 days of its conclusion, without giving any reason, provided that the service or Voucher has not yet been performed or reserved.
  2. In order to exercise the right of withdrawal, the Consumer is obliged to inform the Seller of their decision by submitting an unambiguous statement:
  3. a) in writing to the address of the Seller’s registered office, or
  4. b) by e-mail to the address indicated in the Terms and Conditions.
  5. Making a reservation for the date of service provision means consenting to the commencement of service provision before the expiry of the 14-day period and, thus, losing the right to withdraw from the Agreement.
  6. In the event of effective withdrawal from the Agreement, it shall be deemed not to have been concluded, and the Seller shall return all payments received to the Consumer immediately, no later than within 14 days, in a manner corresponding to the original form of payment, unless the Consumer agrees to a different method of refund.
  7. Pursuant to Article 38 of the Consumer Rights Act, the Consumer shall not have the right to withdraw from a distance Agreement if:
  8. a) the service has been fully performed with the Consumer’s express consent,
  9. b) the Consumer has been informed prior to the commencement of the service that they will lose their right to withdraw from the Agreement once the service has been performed.

Complaints procedure

  1. The Seller has a complaints procedure in place and handles complaints in accordance with these Terms and Conditions.
  2. The Customer or the Recipient has the right to file a complaint regarding non-performance or improper performance of the service or redemption of the Voucher:
  3. a) in writing – to the address of the Seller’s registered office, or
  4. b) by e-mail – to the e-mail address indicated in the Terms and Conditions.
  5. The complaint should be submitted no later than within 7 days from the date of performance of the service or from the date on which the service was to be performed.
  6. The Seller shall consider the complaint within 14 days from the date of its receipt.
  7. In the event of deficiencies in the complaint, the Seller shall request the Customer or the Recipient to supplement it to the extent necessary, setting a deadline of not less than 7 days from the date of delivery of the request.

Out-of-court complaint handling and redress procedures

  1. The seller informs about the possibility of using out-of-court complaint handling and redress procedures. The use of these forms is voluntary and possible only with the consent of both parties to the dispute.
  2. Detailed information on the possibility of using out-of-court methods of resolving consumer disputes is available:
  3. a) from district (municipal) consumer ombudsmen,
  4. b) from provincial inspectorates of the Trade Inspection Authority,
  5. c) on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  6. In particular, the consumer has the right to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Agreement.
  7. In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Consumer may use the online dispute resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/

Force majeure

  1. Neither Party shall be liable for non-performance or improper performance of its obligations under the Agreement if such non-performance or improper performance is caused by a force majeure event beyond the control of the Parties, in particular such as natural disasters, epidemics, fires, storms, strikes, transport blockades, or other unforeseeable events.
  2. The Party affected by force majeure shall immediately notify the other Party of its occurrence, no later than within 10 business days from the date of the event.
  3. The Parties undertake to cooperate in order to perform their obligations in the best possible manner after the force majeure has ceased.
  4. The provisions of this paragraph shall not in any way limit the rights of Consumers under applicable law.

Personal data protection

  1. Customers’ personal data is processed by the Seller in accordance with applicable law and the provisions of the Privacy Policy.
  2. The Seller uses appropriate technical and organizational measures to ensure the protection of the personal data being processed.
  3. Detailed information on the processing of personal data is available in the “Privacy Policy” tab on the Website.

Final provisions

All rights to the Website, including copyrights, intellectual property rights to the name, domain name, website, and its graphic and functional elements, are vested in the Seller.

  1. The law applicable to Contracts concluded with Customers is Polish law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
  2. The choice of Polish law does not deprive Consumers of the protection afforded to them under the mandatory provisions of the law applicable to their place of habitual residence in the European Union.
  3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply.
  4. Customers will be informed of any changes to the Terms and Conditions by means of a notice published on the Website, indicating the scope of the changes and the date of their entry into force.