TERMS AND CONDITIONS

These Terms and Conditions govern the rules for making bookings by Users via the website www.piwnica-quest.com or by telephone, including payment rules and rules for using the puzzle rooms.

1. Definitions

1. Product - the puzzle room or rooms used by Users in which the game takes place.
2. Terms and Conditions - these Terms and Conditions available on the website www.piwnica-quest.com under the "Terms" tab and available at the Service Provider's premises.
3. Website - the website www.piwnica-quest.com through which bookings can be made.
4. Service Provider - Mateusz Matula, conducting business under the name Concierge Mateusz Matula, ul. Teczowa 7, 53-601 Wroclaw, NIP: 8811486609, email address: biuro@piwnica-quest.com; the term Service Provider also refers to persons employed by him as well as franchisees and their employees.
5. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827).
6. Personal Data Protection Act - the Act of 29 August 1997 on the protection of personal data (Journal of Laws 2014.1182, consolidated text).
7. User - a person making a booking via the website or by telephone and using the Product.
8. Voucher - a coupon (gift) entitling a given person to use the Product.

2. General provisions

1. Before using the Website, and in particular before making a booking, each person is required to read these Terms and Conditions. Furthermore, the person making a booking is required, before placing the booking, to convey the information contained in the Terms and Conditions to the persons with whom they will be using the Product, and must obtain their acceptance of the rules described in the Terms and Conditions.
2. The Service Provider provides the Piwnica Quest service, which consists of solving puzzles in specially prepared rooms. The service is provided in Wroclaw, at ul. Teczowa 7.
3. All Users are required to comply with the Terms and Conditions while using the Website and while using the Products.
4. The User is required to use the Website for its intended purpose and to refrain from any activity that could disrupt the proper functioning of the Website. Such activity shall include in particular:
   1. placing or distributing content containing any viruses, malware, worms, trojans, harmful code or other means that could damage the Website or the technical infrastructure on which the Website operates;
   2. automated use of the Website that could lead to, e.g., excessive load on the Website;
   3. attempts to gain access to elements of the Website that are not publicly available;
   4. preventing or hindering other persons from using the Website.
5. The Service Provider continuously takes measures to ensure the proper functioning of the Website. If errors in the functioning of the Website or technical problems in using the Website are found, the User may inform the Service Provider via the email address: biuro@piwnica-quest.com. The Service Provider shall promptly take action to restore the proper functioning of the Website.
6. The Service Provider reserves the right to temporarily disable access to the Website for maintenance, updates or error fixes.
7. For the proper functioning of the Website, including the ability to make bookings, it is necessary to have an electronic device (e.g. computer, phone, tablet, TV, etc.) free from computer viruses and malware, equipped with a reasonably up-to-date web browser and an updated operating system. The Service Provider shall not be liable if the User's device is unable to properly display content because it has an outdated operating system or web browser (browser versions presented at www.w3schools.com).
8. Access to certain features of the Website may depend on the installation of additional third-party plugins enabling support for standards such as Flash, Silverlight, JavaScript and others.
9. The costs of meeting the technical requirements necessary to use the Website and its services shall be borne by the User.
10. The Service Provider shall not be liable for irregularities in the functioning of the Website resulting from the User's failure to meet the technical requirements specified in the Terms and Conditions.

3. Booking

1. Bookings can be made via the website www.piwnicaquest.com or by navigating to the booking tab, or by telephone at: 506 040 089, or directly at the Service Provider's premises. Additionally, it is possible to book the Product on the website: www.lockme.pl, although this website does not belong to the Service Provider and the Service Provider has no influence over its availability. Furthermore, the User should read and accept the terms and conditions (https://lockme.pl/regulamin) before using the services at www.lockme.pl.
2. A booking applies to one game in one room for a group of 2-5 people, unless the description of a specific Product indicates the possibility of booking one game in one room for a larger number of people. The game duration depends on the difficulty of the puzzles in the room and is always indicated on the Website next to the name of the given Product.
3. In order to make a booking, you must select the date and time for using the Product and provide the following details:
   1. first and last name,
   2. email address,
   3. telephone number,
   4. expected number of participants.
4. The User may enter additional notes regarding the booking, such as hen party, surprise party, etc., in order to inform the staff of the nature in which they will be using the Product.
5. Acceptance of these Terms and Conditions is a prerequisite for making a booking. A booking may be made by a person of legal age with full legal capacity. Minors may use the Website and Products only with the consent of their legal guardians.
6. After making a booking, a confirmation will be sent to the specified email address.
7. A booking may be made no later than 1 hour before the start of using the Product.
8. A User who wishes to book a Product less than 1 hour before the start of using the Product should contact a member of the Service Provider's staff directly to obtain permission for the booking. If the User breaches this provision, the staff member has the right to refuse use of the Product despite the booking having been made via the Website or through www.lockme.pl.
9. A telephone booking consists of the User providing, during a telephone conversation or via an SMS message, the information and details required for a booking made via the Website. Confirmation of the preliminary booking will be sent by the Service Provider to the email address provided by the User. The condition for making an effective booking is that the User sends the Service Provider a return email or SMS confirming acceptance of the Terms and Conditions or expresses acceptance of the Terms and Conditions in another manner. If the provisions of the preceding sentence are breached or if the User does not provide an email address during the telephone booking, the Service Provider's staff member has the right to refuse the User the right to use the Product.
10. In accordance with the Consumer Rights Act, a User who is a consumer may withdraw from contracts for the provision of electronic services without giving a reason, by making an unambiguous declaration to the Service Provider to that effect within 14 days of the date of the contract being concluded. To meet this deadline, it is sufficient to send the declaration before it expires (for example, a letter sent by post or electronic mail). A template declaration of withdrawal from the contract for the provision of electronic services is attached by the Service Provider at the end of these Terms and Conditions and may be used by the consumer.
11. In the event of effective withdrawal from the contract, the contract is deemed not to have been concluded.
12. In the event of effective withdrawal from the contract, the Service Provider is obliged to return to the User all payments received, if any were made.
13. The Service Provider shall return payments received from the User no later than within 14 days of the date of receipt of the consumer's declaration of withdrawal from the contract.
14. In accordance with the Consumer Rights Act (Article 38, point 12 of the Act), if the Product is booked for a date and time specified by the User, the User loses the right to withdraw from the contract.
15. It is not possible to withdraw from a booking made at the Service Provider's premises.
16. In order to cancel a booking, the User is required to go to the Service Provider's premises and submit a written declaration of cancellation. This restriction is intended to avoid situations of accidental cancellation or cancellation by third parties who have gained access to the User's device, especially as a declaration of booking cancellation cannot be reversed.
17. A User who cancels a booking less than 24 hours before the scheduled time of using the Product will, the next time, only be able to make an effective booking together with direct payment for the Product.
18. A User who cancels a booking less than 24 hours before the scheduled time of using the Product will be charged for all of the Service Provider's costs and will be obliged to compensate the Service Provider for the full amount of the damage. The above amounts will be offset against any amounts previously paid by the User. To avoid doubt, before cancelling a booking, it is worth contacting the Service Provider, who will present the possible amount of costs associated with cancelling the booking.

4. Payment

1. The User is obliged to make payment for the Product before they or the persons designated by them begin to use it.
2. Payment is made directly at the place where the service is provided, by online transfer, or in accordance with the rules specified on the website www.lockme.pl.
3. Before making a payment, the User is required to make a booking as described in Section 3.
4. The price for using the Product is fixed and is indicated on the website www.piwnica-quest.com or in the Pricing tab. This price covers the use of the given Product regardless of the number of people using the Product (within the numerical limits indicated in the Product description).
5. A User who wishes to pay for the Product by online transfer should send an email to the Service Provider for this purpose. The Service Provider will then send a return email to the User with the payment details.
6. Where possible, the transfer title should include:
   1. the User's first and last name
   2. the date and time of the booking
   3. the name of the room
7. The date of purchase of the Product paid for by transfer or via the website www.lockme.pl shall be deemed to be the day the funds are credited to the Service Provider's bank account.
8. Payment can be made in cash or by payment card at the Service Provider's premises before starting to use the Product.
9. If the User wishes to receive a VAT invoice, they must provide this information to the Service Provider, who will issue and deliver such an invoice electronically or in writing, or in person at the Service Provider's premises.

5. Vouchers

1. The company provides the option to purchase a voucher via the Website, email, or directly from the Service Provider.
2. A Voucher entitles the holder to use the selected Product. The Voucher is valid for the period indicated therein in accordance with the information previously provided by the Service Provider.
3. In order to purchase a Voucher, the User is required to provide the following personal data:
   1. first and last name,
   2. contact telephone number,
   3. email address.
4. After payment is made, the Service Provider will send a confirmation of the Voucher purchase to the email address provided. The confirmation contains a booking number that entitles the holder to use the Voucher.
5. Users who are consumers and make payment via the Website or by transfer may withdraw from the Voucher purchase within 14 days of the date of purchase. To do so, the Service Provider must be notified in writing or by email. The payment will be returned to the User within 14 business days of the date of receipt of the declaration to that effect.
6. In accordance with the Consumer Rights Act, the right of withdrawal from the contract expires upon commencement of using the Voucher (making a booking).
7. A User who is a consumer will not be able to withdraw from the Voucher purchase if a specific date and time for use has been set on the Voucher.
8. The template declaration of withdrawal from the contract referred to in Section 5.5 can be found at the end of these Terms and Conditions.
9. Vouchers can also be purchased at the Service Provider's premises, with direct payment in cash or by card. It is not possible to withdraw from a Voucher purchase if it was made at the Service Provider's premises.
10. The person who received the Voucher should book the Product via the Website, by telephone, or directly with the Service Provider, unless a specific date and time has been set on the Voucher.
11. A Voucher cannot be exchanged for cash.

6. Rules for using the Product

1. The User may use the Product only if they have made a proper booking and have made payment for the Product. Persons under 16 years of age may use the Product only under the supervision of an adult - a legal guardian or a person designated by the guardian - and only after a booking and payment have been made for both the minor and the adult.
2. In order to use the Product, you must arrive at the company's premises 10 minutes before the booked time.
3. In the event of arriving late for the booked time, the game will be shortened by the amount of the delay.
4. If the User does not arrive at the Service Provider's premises to use the Product, no refund of the price paid shall be given, as the cost of servicing, preparation and maintaining the booking corresponds to the price paid.
5. The game may be played by 2 to 5 people, unless the Service Provider has set a different player limit for a given Product.
6. The Website at www.piwnica-quest.com displays the current offer of the Service Provider, including the types of Products available, the difficulty of the puzzles, and the estimated game duration.
7. Users under 16 years of age are required to obtain consent from their legal guardian to use the Product.
8. The User making the booking is responsible for the persons with whom they use the Product. The User is obliged to inform the persons participating in the game about the conditions of using the Product.
9. Participation of persons who are under the influence of alcohol or other intoxicating substances is prohibited.
10. If the Service Provider or their staff member notices that a person wishing to use the Product is under the influence of alcohol or other intoxicating substances, they may deny such person access to the Product.
11. Persons suffering from claustrophobia, epilepsy, breathing difficulties, heart or circulatory problems, or undergoing psychiatric treatment, as well as those suffering from other conditions that could affect their participation in the game, should not use the Product. If they do so, they do so at their own risk.
12. The User declares that they are fully aware that the game takes place in a closed room and that this may affect their health condition.

7. Damage to and destruction of the Product. Intellectual property.

1. The economic copyright to all elements of the Website, including logos and content published on the Website and in the Products, as well as the layout and composition of these elements, belongs to the Service Provider or entities that cooperate with the Service Provider on a permanent basis.
2. The User is not authorised to copy, distribute, reproduce, translate, adapt or modify any works placed on the Website or in messages directed to the User without the express consent of the Service Provider given in written or electronic form.
3. The User is responsible for the equipment of the rooms in which the game takes place with their participation. In the event of destruction or damage, the User is obliged to cover the resulting loss in full.
4. Bringing any sharp or dangerous tools into the rooms is prohibited.
5. Smoking cigarettes and using lighters and matches in the rooms is prohibited.
6. Filming and taking photographs inside the rooms where Users are playing is prohibited, as is using any electronic devices.
7. The economic copyright to all elements of the Products, including the layout and composition of these elements, belongs to the Service Provider.
8. The User is not authorised to copy, distribute, reproduce, translate, adapt or modify any works placed in the Product or the Product itself without the express consent of the Service Provider given in written or electronic form.
9. The User bears all liability for infringement of the economic copyright belonging to the Service Provider.

8. Complaints

1. Complaints regarding the Services may be submitted by the User electronically to the address biuro@piwnica-quest.com
2. A properly submitted complaint should contain at least the following information:
   1. first and last name,
   2. email address,
   3. subject of the complaint,
   4. circumstances justifying the complaint.
3. The Service Provider will respond to the complaint without delay, no later than within 14 calendar days of the date of its submission.
4. The decision regarding the complaint will be communicated to the User at the email address provided by them.

9. Final provisions

1. In the event of non-compliance with the Terms and Conditions, the Service Provider may ask the User to leave the room in which the game is taking place or other premises of the Service Provider.
2. The Service Provider reserves the right to change the rules of the game and the Terms and Conditions. In such a case, the Service Provider undertakes to notify Users of the changes made. Changes to the Terms and Conditions or new Terms and Conditions shall come into force no sooner than 7 days later. Bookings and purchases made by Users before the changes to the Terms and Conditions come into force shall be fulfilled according to the existing provisions of the Terms and Conditions.
3. Changes to information contained in the Terms and Conditions, for which the Consumer Rights Act requires agreement of the parties, may be made after the conclusion of the contract and before its full performance only after the User has given their express consent.
4. The rooms in which the game takes place are equipped with monitoring systems with audio recording capability or audio recording devices. The monitoring and audio recording devices are used to ensure the safety of Users and to provide assistance in solving puzzles, as well as for potential use by the Service Provider in claiming compensation for damage caused by persons using the puzzle rooms.
5. By commencing use of the Products, the User consents to the monitoring of themselves and the persons participating in the game with them, as well as to the recording of voice and sounds.
6. The User authorises the Service Provider to contact them for the purpose of confirming bookings or payments by telephone or electronic means.
7. Personal data provided during booking and payment will be used for purposes related to the booking and proper performance of the service. The User consents to the processing and use of their personal data to the extent described above. Personal data is not disclosed to third parties.
8. The data controller is: Mateusz Matula, conducting business under the name Concierge Mateusz Matula, ul. Teczowa 7, 53-601 Wroclaw, NIP: 8811486609.
9. The User has the right to access their personal data, to correct it, and to request that the Service Provider cease using it by directing such a request to the Service Provider in person or by sending it to the email address: biuro@piwnica-quest.com
10. Any disputes arising from the use of the Website or the Product by consumers will be resolved by the competent court of general jurisdiction, and the User has the option of using out-of-court methods of handling complaints and pursuing claims, in particular they may:
    1. submit an application for dispute resolution to a permanent consumer arbitration court operating at the Trade Inspection,
    2. submit an application to the Regional Inspector of the Trade Inspection to initiate mediation proceedings for the amicable resolution of the dispute between the consumer and the Service Provider,
    3. seek assistance from the district or municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
11. Any disputes arising from the use of the Website or the Product by persons who are not consumers will be resolved by the court of general jurisdiction competent for the Service Provider's registered office, i.e. in Wroclaw.
12. The Service Provider's liability towards Users who are not consumers is limited to wilful misconduct or gross negligence.
13. In matters not regulated by the Terms and Conditions, the provisions of the Personal Data Protection Act, the Act on the provision of electronic services, and the Consumer Rights Act shall apply.