The Rules and Regulations of online accreditations and passes purchase

Terms and Conditions of creating an account and online purchase of accreditations

 

1. Definitions

1.1. Website – a website in the system.festiwalgdynia.pl domain, the rights to which belong to the Organiser.

1.2. Organiser – Pomeranian Film Foundation in Gdynia with headquarters in Gdynia, in Plac Grunwaldzki 2, 81–372 Gdynia, entered into the National Court Register of associations, other social and professional organizations, foundations and independent public healthcare institutions, and the register of entrepreneurs maintained by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, under KRS no. 0000233880, Tax Identification No. (NIP): 586-21-47-548, REGON no.: 220055893.

1.3. User – a natural person, legal person, or organisational unit without legal personality, with legal capacity, that uses the Website.

1.4. Buyer – a User who concludes an agreement to purchase an Accreditation with the Organiser; the Buyer who is a natural person must have full legal capacity.

1.5. Participant – a natural person who takes part in the Event based on an Accreditation; the Participant may be the Buyer.

1.6. Festival – film festival organised by the Organiser, i.e., the “45th Polish Film Festival in Gdynia”.

1.7. Services – services provided by the Organiser by electronic means using the Website.

1.8. Partner – an entity cooperating with the Organiser on the organisation of the Festival or other cultural events, in particular, a Festival sponsor or another contractor of the Organiser.

1.9. Event – film screenings or other events accompanying the Event, taking place, in particular, at the Musical Theatre in Gdynia, Gdynia Film Centre and Helios Cinema in Gdynia (Riviera Shopping Centre) as part of the Festival, in which one can participate as a result of purchasing an Accreditation.

1.10. Accreditation – a document confirming the conclusion of a contract with the Organiser and entitling its holder to participate in the Event.

1.11. Order – a purchase offer submitted by the Buyer to the Organiser for the purchase of an Accreditation through the Website, under the Terms and Conditions.

1.12. Terms and Conditions – these Terms and Conditions for the online purchase of Accreditations for the 45th Polish Film Festival in Gdynia.

 

2. General provisions

2.1 The Terms and Conditions define the rules of acquiring an Accreditation through the Website, and are the fulfilment of information obligation of the Organiser towards the Buyer, in accordance with Art. 12 of the Act of 30th May 2014 on consumer rights (Journal of Laws of 2014, item 827), hereinafter referred to as “Act”.

2.2 The law applicable to the application of these Terms and Conditions is Polish law, in particular, the following acts: (a) The Act of the 23rd April 1964 of the Civil Code, (b) The Act of the 30th May 2014 on consumer rights, (c) The Act of the 18th July 2002 on providing services by electronic means, hereinafter referred to as the Act on providing services by electronic means, (d) The Act of the 10th May 2018 on the protection of personal data, (e) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th 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 (General Data Protection Regulation), hereinafter referred to as “GDPR”.

2.3 Purchase of an Accreditation through the Website requires the Buyer to create an account on the Website under the Terms and Conditions.

2.4 The User declares that at the time of creating the account they are 16 years of age or older.

2.5 In the case of concluding an Accreditation purchase agreement with the Buyer through the Website, the contract is a distance contract within the meaning of the Act.

2.6 The Buyer is obliged to read the Terms and Conditions before concluding an Accreditation purchase agreement.

2.7 The conclusion of the contract requires the Buyer’s prior confirmation of the Terms and Conditions and a statement of will expressed by ticking the checkbox with the following content: “I have read and accepted the Terms and Conditions for an online acquisition of Accreditations for the 45th Polish Film Festival in Gdynia”.

2.8 The statement referred to in point 2.7 above is voluntary but necessary for the acquisition of an Accreditation through the Website.

2.9 The Buyer is obliged to comply with the Terms and Conditions.

2.10 The Terms and Conditions are made available to Buyers free of charge, via the Website, in a form that allows it to be downloaded, saved, and printed.

3. Regulations for creating an account on the Website

3.1 The regulations define the rules of:

    • providing Services to Users by the Organiser,
    • processing of personal data of Users who are natural persons by the Organiser.

3.2 The Organiser provides Users with Services, in particular:

    • Service to view and read materials posted on the Website,
    • Service of maintaining the User account on the Website,
    • Newsletter Service,
    • Service of concluding Accreditation purchase agreements at a distance.

a) The Organiser provides the Services electronically within the meaning of the Act of 18th July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended, hereinafter referred to as the “Act”). Services are provided free of charge.

b) Under the rules specified in the Terms and Conditions, access to the Website is open to anyone who has the option of connecting to the public Internet network.

c) Before using the Website, the User is obliged to read the Terms and Conditions. Creating an account on the Website requires acceptance of the Terms and Conditions. The User is obliged to comply with the Terms and Conditions from the moment they start using the Website.

d) The Terms and Conditions are made available to Users free of charge, via the Website, in a form that allows it to be downloaded, saved, and printed.

3.3 Conclusion of a contract for the provision of Services:

a) The provision of the Service of enabling Users to view and read the content posted on the Website does not require creating an account on the Website. The conclusion of the contract for the provision of this Service takes place at the moment the User starts using the Website.

b) The provision of other Services requires creating an account on the Website. An account is created following the instructions provided on the Website. Once the User has correctly completed the registration form, the Organiser confirms the creation of an account on the Website by sending an e-mail to the User at the provided e-mail address.

c) Conclusion of the contract for the provision of Services referred to in Article 3.2 between the Organiser and Users takes place at the time of creating an account.

3.4 Newsletter Service

a) By creating an account on the Website and providing an e-mail address, the User agrees to receive from the Organiser or Partners a Newsletter containing information on, in particular, organised or co-organised cultural events that will primarily be of technical and organisational or promotional nature and will not constitute commercial information within the meaning of the Act.

b) When creating an account on the Website or in their profile on the Website, the User may additionally agree to receive commercial information from the Organiser or Partners by ticking the checkbox by the statement: “In accordance with the Act on providing services by electronic means of 18th July 2002 (Journal of Laws of 2013, item 1422, as amended) and in accordance with Art. 6, paragraph 1a of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th 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 (General Data Protection Regulation), I agree to receive commercial information by e-mail (Newsletter) and I consent to the processing of my personal data in the form of an e-mail address for direct marketing purposes, including sending commercial information by e-mail (Newsletter) by the Pomeranian Film Foundation in Gdynia, Plac Grunwaldzki 2, 81–372 Gdynia, tel. 48 58 712 22 88. The consent may be withdrawn at any time after logging into the Website or via a link at the end of each Newsletter”. The User’s consent in this respect is voluntary but necessary to provide commercial information from the Organiser or Partners.

3.5 Responsibilities of the Parties

a) The Organiser undertakes to provide the Service, in particular, to maintain an account on the Website, to send the Newsletter, and to allow for the conclusion of long-term agreements for the purchase of Accreditations.

b) It is forbidden to use the Services in a manner contrary to the law, good manners or violating legitimate interests of the Organiser, in particular, by providing illegal content via the Website.

3.6 Termination of the contract for the provision of Services

a) The Agreement for the provision of the Service for Users browsing and reading the content posted on the Website is terminated when the User stops using the Website.

b) The Agreement for the provision of the Newsletter Service may be terminated by either Party at any time. The User resigns from the Newsletter by changing the settings of their profile on the Website. The User may terminate the Agreement for the provision of the account maintenance Service by submitting a request to delete the account to the Organiser. In that case, the remaining contracts are terminated. Users, being consumers within the meaning of the law, have the right to withdraw from each contract for the provision of Services concluded with the Organiser, within 14 days from the date of the contract, subject to point (e) and (f) below.

c) The right to withdraw from a distance contract, referred to in the Act of 30th May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), is not applicable in the case of Users who are consumers within the meaning of the law in the event of an Accreditation purchase agreement, according to Art. 38, paragraph 1, point 12 of the Act, since it concerns the provision of services related to leisure, entertainment or cultural events, and the contract indicates the day or period of Service provision.

d) The declaration of withdrawal should be made in writing. To comply with the deadline referred to in point (b) above, it is enough to send a statement by registered mail to the address of the Organiser. The statement of withdrawal from the contract may also be submitted in electronic form and sent to the Organiser to the e-mail address indicated in Article 9 of the Terms and Conditions. By activating the account, the User may express a desire to start the Service before the expiry of the 14-day deadline for withdrawal from the contract. The commencement of the provision of the Service before the expiry of this period requires User’s clear declaration of the will expressed by ticking the checkbox by the following text: “I want the Organiser to provide Services for me under the Terms and Conditions for providing Services electronically at the system.festiwalgdynia.pl Website before the deadline for withdrawal from the contract”.

e) The Organiser may terminate the contract for providing Services as well as deny the User access to their account or delete it should the User exploit the Services in a manner contrary to the law or violating the Terms and Conditions.

f) The Organiser may refuse to provide the Service and delete the User’s account if it was created again after the Organiser terminated the contract and deletion of the account from the Website due to the Users breach of the law or violation of the Terms and Conditions.

3.7 Complaints:

a) Any complaints regarding the Services provided by the Organiser may be submitted by the User in writing, by registered letter to the Organiser’s address.

b) The complaint must contain the name, surname, postal address and e-mail address of the User.
c) Complaints will be considered within 30 days from the date of receipt of the registered letter by the Organiser.
d) The Organiser, when considering the complaint, will apply the provisions of the Terms and Conditions.
e) The User will be notified in writing of the Organiser’s decision to a postal address or by e-mail to the e-mail address provided in the registered letter containing the complaint.

3.8 Processing of personal data:

a) As part of providing the Services electronically, the Organiser is entitled, according to Art. 18, paragraph 1 of the Act on the provision of electronic Services, to process User’s personal data necessary to establish, shape the content, change or terminate the contract for the provision of Services by the Organiser and only for the proper implementation of the Services. When ordering commercial information under Art. 3, paragraph 4b of the Terms and Conditions, the User agrees to the processing of their personal data to be presented with commercial information by the Organiser or Partners. The consent referred to in Art. 3, paragraph 4b of the Terms and Conditions is voluntary and may be cancelled at any time.

b) If the Organiser obtains information about the use of the Services by the User in a manner contrary to the law or the Terms and Conditions, the Organiser may process the User’s personal data for the purpose and to the extent necessary to determine the User’s liability.

c) The Organiser may process, among other things, the following personal data:

    • surname and first name of the Participant, and /or an accompanying person,
    • login,
    • address of residence or correspondence,
    • e-mail address,
    • phone number,
    • a photo of the Participant made available for the issuing of an Accreditation.

d) By providing the registration form, the Organiser specifies the User’s personal data, the provision of which is necessary to conclude a contract for the provision of Services.

e) The Organiser may also process the following data characterising the User’s use of the Service (operational data):

    • User identifying marks attributed based on the data referred to in point (c) of this paragraph,
    • markings identifying the network termination or IT system used by the User,
    • information on the start, end and scope of each use of the Services,
    • information about the use of the Services by the User.

f) As the personal data administrator, the Organiser takes care of the security of personal data provided by Users. This data is protected against unauthorised access.

 

4. Rules for acquiring Accreditations

4.1. The Organiser provides information on the Event for which the sale of Accreditations is conducted.

4.2. The Organiser publishes on the Website the information on:

  1. Types of Accreditations offered, in particular, indicating whether they will be personal or bearer’s documents.
  2. Principles of issuing Accreditations, in particular, requirements for the transfer of a Participant’s photograph to the Organiser.
  3. The rules of using Accreditations, in particular, by indicating whether an Accreditation itself entitles its owner to participate in the Event or an additional reservation is needed for the Event or its specific parts.
  4. Total, gross prices of Accreditations as well as promotions and honoured discounts and the required Discount Documents accepted by the Organiser or the need to meet other conditions entitling to the purchase of Accreditations free of charge or at a reduced price.
  5. The period of Accreditations sale with indication of days and /or hours when Orders for Accreditations may be placed.
  6. Accepted methods of payment for Accreditations and restrictions on the possibility of their receipt, in particular, indicating whether it is only possible to collect them in person (specifying the place and time of receipt), or the Organiser provides for the possibility of sending Accreditations in the electronic form to be printed by the Participant and available on the Website at any time.
  7. The rules of participating in the Events and relevant obligations of the Participant.

4.3. Providing the information referred to in paragraph 4.2 above constitutes an invitation for the Buyer to submit an offer (i.e., place an Order). It does not constitute an offer within the meaning of the Civil Code. Placing an Order requires, in particular, the choice of the type of Accreditation, quantity, method of payment and the manner of receipt – all to the extent the Organiser allows. The Organiser reserves that it is possible to purchase only one Accreditation for one person.

4.4. Conclusion of an Accreditation purchase agreement takes place at the moment the Organiser accepts the Order placed by the Buyer by sending a message to the Buyer’s e-mail address confirming the conclusion of a distance contract within the meaning of Art. 21 of the Act and with Terms and Conditions attached.

4.5. In case of justified doubts as to the correctness of data provided in the Order (this does not refer to the type of paid Accreditations, quantity, selection of screenings, etc.) or data of the Buyer or Participant (including photos), the Organiser will attempt to contact the Buyer to correct them. If it is impossible to contact the Buyer or to correct the errors, the Organiser may refuse to process the Order and conclude the contract, informing the Buyer about it if possible. If the Buyer has already paid for the Accreditation, the Organiser will return the amount within 14 days from the date of Order cancellation.

4.6. The sale of Accreditations is limited by the number of Accreditations available. The Organiser makes every effort to ensure that the sales offer of Accreditations is up-to-date. If the Organiser receives an Order for Accreditations that are currently unavailable, the contract expires, of which the Buyer will be informed by e-mail. If the Buyer had already paid, the Organiser will return the prepayment within 14 days from the date of informing about the expiry of the contract.

4.7. Unless the Organiser decides otherwise, in unjustified cases, duplicates of Accreditations will not be issued.

 

5. Payment

5.1. For each Order placed by the Buyer, the valid price is the one quoted at the selected Accreditations at the time of submitting the Order, which is the total gross price.

5.2. The Organiser informs the Buyers about any other fees related to the acquired Accreditation via the Website when placing the Order.

5.3. The Buyer places the Order and accepts the payment obligation by using the button marked “order with obligation to pay” on the Website.

5.4. The Buyer is obliged to pay for Accreditation within 72 hours from the moment of accepting the Order.

5.5. The Buyer may choose one of the payment methods provided by the Organiser, which will be specified in detail in the description of the Event posted on the Website. The Organiser may provide, in particular, for one or more of the following payment methods:

a) electronic transfer or credit card payment,

b) payment on receipt (only if less than 48 hours remain until the beginning of the Event).

5.6. In the event of failure to pay the full amount within the time limit referred to in paragraph 5.4 above, the Organiser may refuse to process the Purchase Order and the contract expires, of which the Buyer will be informed. If the Buyer has paid part of the price, the Organiser returns the amount paid within 14 days from the date of informing about the expiry of the contract.

5.7. When making a payment by bank transfer or by electronic transfer, the Buyer must enter the Order number assigned by the Organiser in the title of the transfer. If this number is not provided, the Organiser makes efforts to establish this number, in particular, by contacting the Buyer. If it is impossible to determine the Order number for a given transfer, the Organiser returns the amount paid to the bank account from which the transfer was issued, and the Order will not be considered effective.

 5.8. The moment of payment is:

a) in the case of payment by electronic transfer or by credit card: the moment of crediting the account of the Service provider accepting the payment to the Organiser,

b) in the case of cash payment: the moment of payment.

 

6. Collecting of Accreditations

6.1. Unless the Organiser decides otherwise, only the Participant (in person) may collect an Accreditation in the place specified by the Organiser in the description regarding the Event posted on the Website.

6.2. Unless the Organiser decides otherwise, to collect an Accreditation, the Buyer or the Participant for whom the Buyer has made the purchase is required to present an identity document.

6.3. If the Organiser provides the possibility of choosing from among various methods of Accreditation delivery, the delivery takes place in the manner specified by the Buyer.

6.4. In the case of purchasing a free Accreditation or an Accreditation at a reduced price, upon its receipt, the Participant is required to show the Organiser the discount document used in the purchase process. If this discount document is not available, the Organiser’s employee has the right to refuse to issue the Accreditation, unless the Participant supplements the amount of cash payment equal to the full price of the Accreditation at the time of its issuance as applicable to Buyers without a discount document.

 

7. The right to withdraw from the contract

According to Art. 38, paragraph 12 of the Act, Buyers who are consumers are not entitled to withdraw from the distance contract concluded with the Organiser referred to in these Terms and Conditions since it concerns the provision of Services related to leisure, entertainment, sports or cultural events on a given day or the period of Service provision.

 

8. Complaints

8.1 The Buyer may submit any complaints regarding an Accreditation purchase agreement in writing, by registered letter to the Organiser’s address.

8.2 The complaint must contain the name, surname, postal address and e-mail address of the Buyer.

8.3 Complaints will be considered within 30 days from the date of receipt of the registered letter by the Organiser.

8.4 The Organiser, when considering the complaint, will apply the Terms and Conditions.

8.5 The Buyer will be notified of the Organiser’s decision in writing. The decision will be sent to the postal address or by e-mail to the e-mail address provided in the registered letter containing the complaint.

 

9. Final Provisions

9.1. Any questions, opinions and applications regarding an Accreditation purchase agreement and statements submitted to the Organiser in electronic form should be sent to the following e-mail address: sprzedaz@festiwalgdynia.pl.

9.2. The Terms and Conditions in force on the date of conclusion of the contract shall apply to an Accreditation purchase agreement between the Organiser and the Buyer.

9.3. In matters not covered by these Terms and Conditions, general provisions of Polish law, in particular, the Civil Code and the Act shall be applicable.

9.4. The purchaser has the right to use extrajudicial means of dealing with complaints and claims arising from agreements concluded with the Organiser, in particular, by submitting an appropriate application to the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) to review the case by the Arbitration Court. Any buyer, not only the Buyer who is a consumer, may file an affair with the Arbitration Court.

9.5. Electronic forms of applications referred to in Article 9.4 above are available on the websites of the Provincial Inspectorates of the Trade Inspection (Wojewódzkie Inspektoraty Inspekcji Handlowej), whose list with contact details can be found on the website: www.uokik.gov.pl. The Buyer who is a consumer also has the right to refer the case to the municipal or county consumer rights adviser or seek help from the relevant Consumer Federation office. Information on the Consumer Federation can be found at www.federacja-konsumentow.org.pl.

9.6. These Terms and Conditions are made available free of charge in the domain system.festiwalgdynia.pl and transmitted at any request of the Buyer in a form enabling its acquisition, reproduction, and recording by the ICT system used by the Buyer.

9.7. The Organiser reserves the right to grant individual discounts and to introduce changes to these Terms and Conditions, in particular, in the event of changing the applicable law or imposing specific obligations on the Organiser by the authorities as well as to improve the Service, improve the quality of Services provided by the Website and prevent any violation. Any changes to the Terms and Conditions enter into force at the time of their announcement or delivery to the Buyer.

9.8. Amendments to the Terms and Conditions do not affect the performance of contracts concluded based on an Order placed before they entered into force, subject to explicit agreement of the parties to this contract.

9.9. The Terms and Conditions enter into force on 1st October 2020.