Booking and Online Payment Terms

§1. The seller and the scope of these Terms

1. The seller and service provider is Horeca Scandale Group Klesyk spółka jawna (a registered partnership under Polish law) with its registered office in Kraków, Plac Nowy 9, 31-056 Kraków, Poland, tax identification number NIP 6762479464, statistical number REGON 123206491, entered in the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) under number KRS 0000523045 by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, hereinafter the Club.
2. Contact: telephone +48 530 331 531, e-mail address rezerwacje@scandalezakopane.pl, address for correspondence and complaints Plac Nowy 9, 31-056 Kraków, Poland.
3. The service is provided on the Club premises at ulica Zaruskiego 5, 34-500 Zakopane, Poland.
4. These Terms set out the rules for booking tables and entry tickets through scandalezakopane.pl, the rules for online payment, for changing and cancelling a booking, and for refunds.
5. The rules that apply on the Club premises, including the conditions of entry, the dress code and the grounds for refusing entry, are set out in the Club Rules. Both documents apply together.

§2. Definitions

• Guest - a person using the Club's services.
• Booker - the person making a booking through the website, being a party to the contract with the Club.
• Table - a separate area in Music Loft with a set number of seats, marked on the floor plan available on the website.
• Package - a set comprising a bottle of the indicated alcoholic drink together with soft drinks, released on the Club premises during the booked evening.
• Evening - the specific event date indicated in the calendar on the Club website.
• Booking fee - the total amount payable online when the booking is made, described in §5.
• Booking password - a string of characters given by the Booker, by which the booking is identified on entry to the Club.

§3. What can be booked online

1. Through the website it is possible to book a Table for a given Evening and, for events with a per-person entry charge, also an entry ticket without a Table.
2. Booking a Table requires at least the minimum number of Packages, depending on the number of seats at the Table:

• Table for up to 6 people: at least 1 Package
• Table for up to 12 people: at least 2 Packages
• Table for more than 12 people: at least 3 Packages

3. The number of people stated in the booking is binding. The Table is matched to the declared number of people and the Packages chosen. The arrival of fewer people does not give rise to any reduction or refund of the Booking fee. The Club may refuse access to the Table to people in excess of the number of seats at that Table.
4. A booking is possible only for an Evening included in the event calendar available on the website.
5. The prices of Packages and the per-person prices applicable to a given Evening are stated on the website before a booking is made. The price shown in the booking summary is binding.

§4. Conclusion of the contract

1. A booking is made through the form on the website, indicating the Evening, the Table, the number of people, the Packages and contact details: name, telephone number and e-mail address.
2. An online booking may be made no later than 17:00 on the day of the Evening.
3. Before proceeding to payment, the Booker receives a summary containing: the Evening, the Table, the number of people, the Packages chosen, the total amount payable together with an indication of its non-refundable part, the time until which the Table is held, and information that there is no right of withdrawal from the contract.
4. Making a booking requires ticking a declaration that the Terms have been read and accepted. A booking cannot be made without that declaration.
5. A booking is placed by using the button marked CONFIRM BOOKING AND PAY. Using the button constitutes an order with an obligation to pay.
6. Once the button has been used, the Table is held for the time needed to complete payment, no longer than 20 minutes. Failure to pay within that time causes the hold to expire and the Table to return to the available pool.
7. The contract is concluded when the payment is credited by the payment operator. The Club promptly sends to the e-mail address given a booking confirmation containing the booking number, the Booking password, all the elements listed in paragraph 3 and the text of these Terms. The confirmation constitutes confirmation of the conclusion of the contract on a durable medium.

§5. The booking fee

1. The Booking fee is payable in full online when the booking is made and constitutes remuneration for the table booking service and an advance payment towards the bill at the Club.
2. The Booking fee consists of two parts:

• a non-refundable part, amounting to 30 per cent of the Booking fee, being an earnest money deposit (zadatek) within the meaning of Article 394 of the Polish Civil Code, constituting the Club's remuneration for holding the Table and for its readiness to provide the service
• a creditable part, amounting to the remaining 70 per cent of the Booking fee, being an advance payment (zaliczka) towards the bill at the Club

3. The amount of the non-refundable part is stated as a sum of money in the booking summary before payment and in the booking confirmation.
4. The entire Booking fee is credited towards the Guest's bill at the Club if the booking goes ahead. Alcoholic drinks are sold on the Club premises, on release of the Package.
5. The creditable part is settled in favour of the Booker in every case in which the Club has not provided the service. Settlement takes place, at the Booker's choice, either by releasing unopened Packages for collection on the Club premises within 30 days, or by refunding the money to the same payment method within 14 days of the request.
6. Online payments are handled by PayPro Spółka Akcyjna, the operator of the Przelewy24 service, a national payment institution supervised by the Polish Financial Supervision Authority (Komisja Nadzoru Finansowego). The Club does not store payment card details or online banking credentials.
7. A refund is made to the same payment method used to make the payment. A refund by any other means requires an express request from the Booker.

§6. Holding the table on the day of the Evening

1. A booked Table is held for the Guest until 24:00, that is for one hour from 23:00.
2. After 24:00 the Table returns to the available pool and may be made available to other Guests.
3. A Guest who expects to be late should inform the Club by telephone on +48 530 331 531. The Club will hold the Table for longer where possible.
4. Failure to arrive by 24:00 without informing the Club of the delay has the consequences described in §8.

§7. Booking password, cancellation and change of date

1. A booking is identified by the Booking password given by the Booker in the form. If the Booker does not give a password, the password is the Booker's surname.
2. A booking is not personal. The Booker may pass it on to another person by giving them the Booking password. The Booker remains a party to the contract and is the person entitled to any refunds.
3. A booking may be cancelled only by e-mail to rezerwacje@scandalezakopane.pl, quoting the booking number.
4. Cancelling a booking by 23:00 on the day preceding the Evening gives the right to a refund of the entire Booking fee, including the non-refundable part. The refund is made within 14 days.
5. Cancelling a booking after the deadline set out in paragraph 4 results in the loss of the non-refundable part. The creditable part is settled in accordance with §5(5).
6. Instead of cancelling, the Booker may change the booking to another Evening from the calendar once, by notifying us by e-mail by 23:00 on the day preceding the original Evening. The change is possible subject to Table availability, within 90 days of the original Evening. The entire Booking fee carries over to the new date, and any difference in price is settled between the parties at the time of the change.

§8. Refunds. Summary of cases

The financial consequences of each situation are set out in the table below.

2. The basis for retaining the non-refundable part is Article 394 of the Polish Civil Code, under which, where one party fails to perform the contract, the other party may withdraw from it and retain the earnest money deposit received.
3. In no case does the Club retain money corresponding to the value of a service it has not provided.
4. A booking covers a set number of people and does not change because some of the Guests covered by it do not arrive or are not admitted. The remaining people use the Table on the existing terms. The Booker remains a party to the contract and the recipient of any refunds.

§9. Packages during the Evening

1. Packages are released on the Club premises during the booked Evening.
2. A Guest may take away any unconsumed contents of a Package on leaving. The Club does not keep opened bottles for a future visit.
3. A Package may be exchanged for another on the spot. Where a more expensive Package is chosen, the Guest pays the difference; where a cheaper one is chosen, the Club refunds the difference. Exchanges apply only to Packages covered by the booking.
4. Serving alcoholic drinks to an intoxicated person is prohibited under Article 15 of the Act on Upbringing in Sobriety and Counteracting Alcoholism. In such a case unopened Packages remain available for collection at the Club for 30 days, or their value is refunded.

§10. Cancellation of the Evening by the Club and force majeure

1. If the Evening does not take place for reasons attributable to the Club, including a breakdown, an administrative decision, national mourning or force majeure, the Booker is entitled, at their choice, to a refund of the entire Booking fee or to move the booking to another Evening.
2. The refund is made within 14 days of the Booker notifying their choice, to the same payment method.
3. The Club gives notice of the cancellation of an Evening without delay, by e-mail to the address given in the booking.

§11. No right of withdrawal from the contract

1. Under Article 38(1)(12) of the Act of 30 May 2014 on Consumer Rights (ustawa o prawach konsumenta), a consumer has no statutory right to withdraw from a distance contract in respect of catering services and services connected with leisure and entertainment events, where the contract specifies the day or the period of performance.
2. A booking concerns a specific Evening, and accordingly the fourteen-day right of withdrawal does not apply to it. The rules for cancelling a booking and for refunds are set out in §7 and §8, which are more favourable to the Booker than the statutory provisions as regards the deadline of 23:00 on the day preceding the Evening.
3. The information that there is no right of withdrawal is presented to the Booker in the booking summary before payment is made, and in the booking confirmation.

§12. Complaints

1. Complaints concerning bookings and payments may be sent to the e-mail address rezerwacje@scandalezakopane.pl or in writing to Horeca Scandale Group Klesyk spółka jawna, Plac Nowy 9, 31-056 Kraków, Poland.
2. Please quote the booking number and the date of the Evening and describe the matter, and please submit the complaint within 7 days of the Evening, which allows the circumstances to be established reliably. Submitting a complaint after that period does not limit the rights a consumer has under the law.
3. We consider a complaint within 14 days of receiving it and reply by the same means through which it reached us.
4. A consumer may use out-of-court means of handling complaints and pursuing claims, including the assistance of a district or municipal consumer ombudsman (rzecznik konsumentów) and the online dispute resolution platform ODR operated by the European Commission. The ODR platform is available at ec.europa.eu/consumers/odr.

§13. Personal data

1. The controller of the data given when making a booking is the Club.
2. The data are processed in order to conclude and perform the contract, to handle payment, to consider any complaints and to meet tax and accounting obligations.
3. The rules on processing, the recipients of the data, the retention periods and the rights available are set out in the Privacy Policy available at scandalezakopane.pl.

§14. Final provisions

1. Matters not governed by these Terms are subject to the provisions of the Polish Civil Code and the Act on Consumer Rights.
2. These Terms are made available on the website in a form that allows them to be downloaded, saved and printed, and their text is sent together with the booking confirmation.
3. The Club may amend these Terms. Bookings paid for before the date on which an amendment is published remain subject to the Terms in their previous wording.
4. These Terms apply from the date of their publication at scandalezakopane.pl.
5. This document is a translation of the Polish original. In the event of any discrepancy between the language versions, the Polish version available at scandalezakopane.pl prevails.