§ 1
Introduction
These Terms and Conditions set out the rules for using the newsletter by email and the rules for entering into, performing and terminating agreements between the Service Provider and the Service Recipient, as well as their rights and obligations.
§ 2
Definitions
The terms listed below shall have the following meanings:
| Update | An update to a digital service or digital content. |
| Consumer | A natural person entering into a legal transaction with the Service Provider that is not directly related to their business or professional activity. |
| K.c. | The Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2023, item 1610, as amended). |
| Materials | Digital content and services supplied to the Service Recipient by the Service Provider as part of the Newsletter. Digital services shall also constitute electronic services within the meaning of the U.ś.u.d.e. |
| Newsletter | An Electronic Service consisting of the periodic delivery of Materials to the Service Recipient by email |
| Terms and Conditions | Means these Newsletter Terms and Conditions available on the Website. |
| GDPR | Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the European Union L of 4 May 2016 — hereinafter: GDPR). |
| Pr. aut. | The Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2022, item 2509). |
| PNPK | A natural person entering into an agreement with the Service Provider where the wording of that agreement indicates that it is not of a professional nature for that person, arising in particular from the subject matter of the business activity conducted by that person and disclosed under the provisions governing the Central Register and Information on Business Activity |
| Website | Means the website available at https://balticseason.pl/ . |
| Electronic means of communication | Technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance through data transmission between ICT systems, in particular electronic mail. |
| ICT systems | A set of cooperating IT devices and software that provides for the processing and storage, as well as the sending and receiving, of data through telecommunications networks by means of a telecommunications terminal device appropriate for the relevant type of network, within the meaning of the Act of 16 July 2004 – Telecommunications Law (consolidated text: Journal of Laws of 2024, item 34). |
| Digital Content | Data produced and supplied in digital form within the meaning of Article 2(5) of the U.p.k. |
| Service Recipient Content | Content supplied or created by a Consumer or PNPK when using digital services. |
| Agreement | An agreement for the provision of the Newsletter service. |
| Electronic Services Agreement | An agreement under which the Service Provider supplies Electronic Services to the Service Recipient. |
| Digital Service | Means a digital service within the meaning of Article 2(5a) of the U.p.k., namely a service allowing the Service Recipient to: create, process, store or access data in digital form; share data in digital form that has been uploaded or created by the Service Recipient or other users of that service; or use other forms of interaction by means of data in digital form. |
| U.p.k. | The Consumer Rights Act of 30 May 2014 (consolidated text: Journal of Laws of 2023, item 2759, as amended). |
| Service Recipient | A natural person with full legal capacity, a legal person or an organisational unit without legal personality that enters into or intends to enter into an Agreement, including a Consumer or PNPK. |
| Service Provider | Baltic Season limited liability company with its registered office in Szczecin (70-481), at Al. Wojska Polskiego 81, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register, under KRS number: 0000932526, holding NIP: 8522677668 and REGON: 520645680 email address: [email protected] |
| U.ś.u.d.e. | The Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws of 2024, item 1513, as amended). |
| Work | A manifestation of creative activity of an individual nature, established in any form, irrespective of its value, purpose or manner of expression, within the meaning of Article 1 of the Pr. aut. |
§ 3
General Provisions
- The Service Provider makes the Materials available to the Service Recipient by email at the email address provided by the Service Recipient.
- Before entering into the Agreement and the Electronic Services Agreement, the Service Recipient is required to read these Terms and Conditions.
- The Service Provider has made the Terms and Conditions available to the Service Recipient free of charge on the Website in a manner that enables the Service Recipient to obtain, reproduce and save their content using the ICT system used by the Service Recipient.
- After the Agreement is entered into, the Service Provider shall send the Terms and Conditions to the Service Recipient in PDF format at the email address provided by the Service Recipient when placing the order.
- Acceptance of the Terms and Conditions is voluntary, but is a condition for using the Newsletter and entering into the Agreement.
- Pursuant to Article 6(1) of the U.ś.u.d.e., the Service Provider informs the Service Recipient that the use of services supplied electronically may involve particular risks associated with the possible loss of data availability, confidentiality or integrity. To minimise this risk, the Service Provider recommends that Service Recipients use organisational and technical measures appropriate to the identified risks, in particular antivirus software or software protecting online identity.
- To enter into the Agreement, the Service Recipient is required to provide true and complete personal data.
- The Service Provider can be contacted at the following email address: [email protected] .
§ 4
Technical Requirements
- To use the Website, including to receive the Newsletter, the Service Recipient must jointly meet the following technical requirements:
- have a device with continuous Internet access;
- enable cookies and JavaScript in the web browser;
- use a standard operating system;
- have a tool supporting the format in which digital content will be supplied in HTML;
- install on the device referred to in point (a) a current version of a web browser offered by its provider, in particular Google Chrome, Mozilla Firefox, Samsung Internet, Opera, Safari, Internet Explorer or Internet Explorer Mobile, in the latest available version;
- have access to an email inbox, meaning an active email address during the conclusion and performance of the Agreement or Electronic Services Agreement that enables messages to be received and sent by electronic means of communication in the form of email.
§ 5
Prohibition on supplying unlawful content
- Service Recipients are prohibited from supplying unlawful content, in particular:
- content prohibited by mandatory provisions of law;
- content contrary to the principles of social coexistence;
- content of a racist nature;
- content inciting violence against people or animals;
- content infringing the rights of third parties.
§ 6
Entering into the Agreement
- To enter into the Agreement, the Service Recipient must meet the following requirements:
- provide an email address
- accept these Newsletter Terms and Conditions;
- The Agreement is entered into for an indefinite period.
- The Agreement expires upon its performance.
- At the Service Recipient’s choice, access to the Materials is available free of charge by entering into the Agreement, i.e. subscribing to the Newsletter;
- The free-of-charge Agreement is entered into once all the conditions set out in paragraph 1 of this section have been jointly satisfied.
- The Agreement may be terminated by sending an appropriate request to the Service Provider, for example by email to: [email protected]
§ 7
Electronic Services
- The Service Provider supplies Electronic Services to the Service Recipient that ensure the operation of the Website, such as displaying blog articles in the news section of the Website. On the blog, the Service Provider publishes articles related to the subject matter of the Website and the services it supplies.
- The Service Provider takes measures to ensure the proper operation of the Website. The Service Recipient shall promptly notify the Service Provider of any irregularities in the operation of the Website.
- The Service Recipient may stop using the blog at any time and without giving a reason by closing the web browser.
- The Service Provider may carry out technical, maintenance and development work on the Website, in particular by adding, changing or removing Website functionalities.
§ 8
Fulfilment of the Newsletter order
- The Newsletter will supply Materials including, in particular, information
about accommodation offers, seasonal promotions, special packages, last-minute offers, events organised by Baltic Season, inspiration related to seaside holidays and other marketing and promotional activities concerning the services supplied by the Service Provider. - If digital content, such as an ebook or audiovisual materials, is sent as part of the Newsletter, the Service Recipient will be able to access it in the manner indicated in the email, for example by downloading the digital content.
- The Service Provider supplies the Materials to the Service Recipient after the Agreement has been entered into, in the case of a free-of-charge Agreement.
- The Materials are deemed supplied when:
- the digital content, or the means allowing access to or download of the digital content, has been made available to the Service Recipient or to a physical or virtual device selected independently by the Service Recipient for that purpose, or when the Service Recipient or such device has accessed it; or
- the Service Recipient, or the physical or virtual device selected independently by the Service Recipient for that purpose, has accessed the digital service.
- The Materials are supplied in the version applicable on the date of delivery. The Service Provider does not provide Updates unless the description of the Materials states otherwise.
- The Service Provider is entitled to make changes to the Materials that are not necessary to maintain the Materials’ conformity with the Agreement, unless the Materials are supplied on a one-off basis. The change may not result in costs for the Consumer or PNPK.
- Changes to Materials supplied to a Consumer or PNPK shall be made for justified reasons such as:
- a change in the law or its interpretation, or the issuance of a judgment or decision by a competent court or authority;
- changes involving the addition, modification or removal of Newsletter or Materials functionalities.
- The Service Provider shall inform the Consumer or PNPK of the change in a clear and understandable manner.
- If a change to the Materials materially and adversely affects the Consumer’s or PNPK’s access to or use of the Materials, the Service Provider shall inform them sufficiently in advance, not less than 7 (in words: seven) calendar days beforehand, on a durable medium, of the characteristics and timing of the change and of their rights.
- In the case referred to in paragraph 8, the Consumer or PNPK may terminate the Agreement without notice within 30 (in words: thirty) days from the date the change was made or from the date of being informed of the change, where the information was provided after the change. This right shall not apply if the Service Provider has enabled the Consumer or PNPK to retain, without additional costs, Materials that conform to the Agreement in an unchanged state.
- The Service Provider is responsible for performing its obligations in accordance with the Agreement.
- The conditions for exercising the Service Provider’s copyright in the Materials as works are set out in § 9.
§ 9
Copyright
- The Service Provider declares that the Materials and other content available on the Website may constitute works in which the Service Provider or other entitled entities hold intellectual property rights.
- The Service Provider informs the Service Recipient that using the Materials or other protected content without the permission of the Service Provider or another entitled entity, except within the limits of permitted personal use, shall constitute an infringement of intellectual property rights.
§ 10
Liability for the conformity of Digital Services with the Agreement
- If the Electronic Services supplied by the Service Provider also constitute Digital Services, the provisions of this section shall apply.
- The statutory warranty for defects in Digital Services referred to in the Civil Code is excluded for Agreements entered into by Service Recipients other than Consumers or PNPKs.
- Agreements entered into by a Consumer or PNPK are subject to the provisions on liability for the conformity of Digital Services with the Agreement contained in the Consumer Rights Act, taking into account these Terms and Conditions.
- The Service Provider is liable to the Consumer and PNPK for the conformity of Digital Services with the Agreement. The conformity of Digital Services with the Agreement shall be assessed in accordance with the Consumer Rights Act.
- In the case of Digital Services:
- supplied on a one-off basis or in parts — the Service Provider is liable for any lack of conformity of the Digital Services with the Agreement that existed at the time of supply and became apparent within two years of that time;
- supplied continuously — the Service Provider is liable for any lack of conformity of the Digital Services with the Agreement that occurred or became apparent during the period in which they were to be supplied under the Agreement.
- Where the Service Provider supplies Digital Services continuously, the Digital Services should remain in conformity throughout the period in which they are supplied under the Agreement.
§ 11
Bringing Digital Services into conformity with the Agreement and withdrawing from the Agreement
- If the Digital Services do not conform to the Agreement, the Consumer or PNPK may demand that they be brought into conformity with the Agreement.
- If bringing the Digital Services into conformity with the Agreement is impossible or would require excessive costs for the Service Provider, the Service Provider may refuse to bring them into conformity.
- The Service Provider shall bring the Digital Services into conformity with the Agreement within a reasonable time, not exceeding 21 days from the time when the Service Provider was informed by the Consumer or PNPK of the lack of conformity, and without excessive inconvenience to the Consumer or PNPK, taking into account the nature of the Digital Services and the purpose for which they are used.
- The costs of bringing the Digital Services into conformity with the Agreement shall be borne by the Service Provider.
- If the Digital Services do not conform to the Agreement, the Consumer or PNPK may submit a statement of withdrawal from the Agreement where:
- the Service Provider has refused to bring the Digital Services into conformity with the Agreement;
- the Service Provider has failed to bring the Digital Services into conformity with the Agreement;
- the lack of conformity of the Digital Services with the Agreement persists even though the Service Provider attempted to bring them into conformity;
- the lack of conformity of the Digital Services with the Agreement is sufficiently serious to justify withdrawal from the Agreement without first using the remedies referred to in § 10(1);
- it is clear from the Service Provider’s statement or the circumstances that the Service Provider will not bring the Digital Services into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer or PNPK.
- As the Service Recipient is not required to pay a price for the Digital Services supplied, the Service Recipient is not entitled to submit a statement requesting a price reduction due to the Digital Services’ lack of conformity with the Agreement.
§ 12
Withdrawal without giving a reason
- A Consumer or PNPK has the right to withdraw from an Agreement entered into through the Website without giving a reason within 14 days from the date the Agreement was entered into.
- To withdraw from the Agreement, the Consumer or PNPK must inform the Service Provider of their decision by an unequivocal statement, for example by a letter sent by post or email.
- The Consumer or PNPK may use the model withdrawal form, but this is not mandatory. The model withdrawal form constitutes Appendix 1 to these Terms and Conditions.
- To meet the withdrawal deadline, it is sufficient for the Consumer or PNPK to send information concerning the exercise of their right of withdrawal before the withdrawal period expires.
§ 13
Complaints
- The Service Recipient is entitled to submit a complaint regarding the Electronic Services or Materials:
- by electronic means of communication to the following email address: [email protected]
- in writing or in person at the Service Provider’s registered office, i.e. Baltic Season limited liability company with its registered office in Szczecin (70-481), at Al. Wojska Polskiego 81,
- The Service Provider recommends that the Service Recipient include the following information in the complaint:
- first name and surname;
- contact details;
- a concise description of the situation.
- The Service Provider shall promptly confirm receipt of the complaint using the telephone number provided by the Service Recipient.
- The complaint shall be handled by the Service Recipient within 14 days of its receipt.
- The Service Recipient shall receive a response to the complaint using the contact details provided when the complaint was submitted.
- If the Service Provider has not supplied the Materials, the Consumer or PNPK may call upon the Service Provider to supply them. If, despite this request, the Service Provider fails to supply the Materials promptly or within an additional period agreed between the parties, the Consumer or PNPK may withdraw from the Agreement. The Consumer or PNPK may withdraw from the Agreement without first calling upon the Service Provider where:
- it is clear from the Service Provider’s statement or the circumstances that the Service Provider will not supply the Materials;
- the parties agreed, or it is clear from the circumstances in which the Agreement was entered into, that the specified deadline for supplying the Materials was of material importance to the Consumer or PNPK, and the Service Provider failed to supply them by that deadline.
§ 14
Out-of-court dispute resolution
- The Service Provider informs the Consumer or PNPK that they have the right to use out-of-court complaint handling and claim enforcement procedures.
- A Consumer or PNPK may use out-of-court complaint handling and claim enforcement procedures, in particular:
- before permanent consumer arbitration courts operating at the Provincial Inspectorates of Trade Inspection. Detailed information on access to this procedure and the procedures applied is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasądowe_rozwiazywanie_sporow_konsumenckich.php;
- through mediation conducted by Provincial Inspectorates of Trade Inspection and their local branches. An employee of the inspectorate then acts as the mediator in the dispute, subject to the principles of impartiality and fairness. Detailed information on access to this procedure and the procedures applied is available at the offices and on the websites of the individual Provincial Inspectorates of Trade Inspection.
- A Consumer or PNPK may also seek assistance from a district consumer ombudsman. District consumer ombudsmen are available at district authorities or municipal offices in cities with district rights. Detailed information in this regard is available at: https://uokik.gov.pl/rzecznicy.php.
- A Consumer has the right to lodge a complaint through the EU ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
§ 15
Personal data
- The controller of the personal data of Service Recipients, their representatives or persons designated by them for contact is the Service Provider.
- Detailed information on the processing of personal data and the cookies used is available in the privacy policy at: https://balticseason.pl/polityka-prywatnosci/.
§ 16
Contact
- The Service Provider can be contacted:
- by electronic means of communication at the following electronic address (email): [email protected].
- in writing at the address of the Service Provider’s registered office, i.e. Baltic Season limited liability company with its registered office in Szczecin (70-481), at Al. Wojska Polskiego 81,
§ 17
Amendments to the Terms and Conditions
- The Service Provider is entitled to amend the Terms and Conditions for important reasons, in particular due to:
- the need to adapt the Terms and Conditions to changes in the law, recommendations, interpretations or guidelines of competent courts or authorities;
- the issuance of a judgment by a competent ordinary court or a decision by a competent authority that may affect the rights or obligations of the Service Provider or Service Recipient.
- The amended Terms and Conditions shall be published on the Website at https://hr-xp.com/pl/. Each version of the Terms and Conditions contains information on the date from which it applies.
- In addition, the Service Provider shall notify the Service Recipient of the planned amendment to the Terms and Conditions using the telephone number provided by the Service Recipient.
- The amended Terms and Conditions shall take effect 14 (in words: fourteen) calendar days after the date on which the Service Recipient is notified in accordance with paragraph 3, unless a shorter period is required due to mandatory provisions of law or obligations imposed on the Service Provider by a judgment of an ordinary court or a decision of an authority.
- If the Consumer or PNPK does not accept the amendment to the Terms and Conditions, they shall inform the Service Provider of their decision in a manner of their choice.
§ 18
Final Provisions
- These Terms and Conditions are governed by Polish law and have been prepared in accordance with Polish law.
- Matters not regulated by these Terms and Conditions shall be governed by the relevant provisions of Polish law;
- Disputes between the Service Provider and a Service Recipient who is not a Consumer or PNPK shall be heard by the ordinary court having territorial jurisdiction over the Service Provider’s registered office. In disputes with a Consumer or PNPK, jurisdiction shall be determined in accordance with the general rules.
- These Terms and Conditions apply from 09.06.2026.
Appendices
(place and date)
Appendix 1 to the Terms and Conditions
Model statement of withdrawal from the Agreement
Service Provider:
Baltic Season limited liability company
Al. Wojska Polskiego 81,
70-481Szczecin
KRS: 0000932526,
NIP: 8522677668
Service Recipient:
____________________________________
(first name and surname)
____________________________________
____________________________________
(correspondence address)
STATEMENT OF WITHDRAWAL FROM THE SERVICE AGREEMENT
I, the undersigned_______________________ (first name and surname), hereby withdraw from the Service Agreement entered into between me and the Service Provider on __________________.
___________________________________
(signature)