Terms and Conditions

www.whimsywarsaw.com

Effective from: 6th of January 2025

General information 

  • These Terms and Conditions (referred as the T&Cs) define the types, scope and conditions  for the provision of electronic services by Whimsy Warsaw. Please carefully read the terms  here – under as they define the conditions of access and use of the website. 
  • WhimsyWarsaw is a brand of Varsavin Foundation, which is registered at the following  address: 148 Górczewska st, app.1, 01460 Warsaw, Poland, with TIN (tax identification  number) 522-300-92-94; email: info@whimsywarsaw.com 
  • In accessing or in any way using the website, the user agrees to comply by the T&Cs as well as to any of their subsequent modifications. When the user does not agree with T&Cs,  including any subsequent modifications, he/she must not access or in any way use the  website. 
  • This T&Cs shall be construed in accordance with the laws in Poland. 

Definitions 

  • The terms defined below that are used in the T&Cs should be understood as follows: A. website – www.whimsywarsaw.com, owned and managed by Varsavin Foundation B. user – a person using this website 
  1. WhimsyWarsaw or service provider – the entity which owns the website and provides  services through it 
  2. device – any device that can access the service e.g. a computer, a mobile phone, a digital tablet 
  3. services – the functions, applications, information, tours and other services accessible through  this website 
  4. material/s – any type of material or immaterial good which is rendered available through this  website, e.g. merchandising products, drawings, images, photographs, illustrations,  descriptions, informative texts, films, audio files (podcasts, music, sounds) and other  accessorial programs 
  5. content/s – messages, data, information, texts and other material including that of advertising  nature 
  6. third-party Social Media Service – any services or content (including data, information,  products or services) provided by a third-party that may be displayed, included or made  available by the service 
  7. working day – a working day from Monday to Friday, excluding public holidays

    General rules for using the website 
  • The website is supported by all kinds of popular browsers (Firefox, Chrome, Opera,  Microsoft Edge). It does not require any special characteristics of the user’s device.
  • In order to use the services offered by WhimsyWarsaw, the user must have an active e-mail  account or an account on a social network (Instagram, YouTube) and a device with access to the Internet with a correctly configured browser. 
  • The Website must not been used: 

◦ in any manner whatsoever in violation of the law 

◦ to cause harm to children in any way 

◦ to transmit or solicit the sending of any unsolicited advertising or promotional material  (including in the form of spam) 

◦ to knowingly transmit any data or upload any material that contains trojans, viruses,  spyware, adware or any other harmful program designed to adversely affect the  operation of the Website or to harm another user. 

  • The website contains links to other websites. WhimsyWarsaw is not responsible for the  content of these external websites, the privacy policies applied by these websites or for any  loss or damage that you may suffer by visiting these external links. 
  • WhimsyWarsaw grants right of access to the website and to the materials contained within  for non commercial and purely informative personal purposes. It means that the  authorization of use of the website does not include the faculty of selling, commercializing,  distributing the contents of the website or create works and/or materials derived from the  website materials. 
  • The user acknowledges compliance and respect of all intellectual property rights of  WhimsyWarsaw, relative to the materials. 
  • All the materials of this website are protected by the copyright defined by the expression  „ALL RIGHTS ARE RESERVED” owned by WhimsyWarsaw and/or of third party  licensees. 
  • No material can be copied, modified, reproduced, distributed, publicized, downloaded,  rendered accessible to the public, diffused or transmitted in any form and through any  means, without the prior consent of WhimsyWarsaw or with a clear indication of where it  originated (link to the relevant part of the website) or with the exception of sharing on social media, where such a possibility is given. 
  • WhimsyWarsaw prohibits the uploading on the website of users materials such as e.g.  music, software, images and any other materials which constitute a violation of the  intellectual property rights of third parties, except for when the user has obtained the  necessary authorizations. 

Privacy Policy 

  • WhimsyWarsaw collects personal data necessary for contacting the user and for invoicing..  The Controller of data is Varsavin Foundation 148 Górczewska st., app.1, 01-460, Warsaw,  Poland; email:info@whimsywarsaw.com 
  • WhimsyWarsaw informs that when using the website, short text information called ‘cookies’ (hereinafter referred to as ‘cookies’) are stored on the user’s computer. The installation of  cookies is necessary for the proper functioning of the website, in particular for 

functionalities which require authorisation. The user has the possibility to change cookies  settings in his/her browser independently. 

  • All information about the Privacy Policy and cookies can be found in the link Privacy Policy The rules of using the services provided by the website: 
  1. offer of guided tours in Warsaw and its surroundings 
  • is presented on the website under the tab ‘Offer’ 

◦ each type of excursion, next to its description, has a price given in Polish zlotys which  depends on the duration of the excursion, the way of travelling around the city and the  size of the group 

◦ each tour type has a specific duration, i.e. how long the guide and car (if selected) are  available for the user. 

  • tour order: 

◦ the user sends an enquiry about a given tour via the contact form or directly by e-mail to  the e-mail address given in the contact tab or by Instagram. Within 2 working days,  WhimsyWarsaw responds to the email address provided by the user, arranging all the  details of the tour. 

◦ the user will be informed immediately if the request cannot be fulfilled – booking a tour  less than 24 hours before, may not be realised, due to unavailability of the guide or  driver 

◦ in order to fulfil a tour, the user must provide the number of people to take part in the  tour and the contact phone number to the person coordinating the group 

  • Payment for tours 

◦ price depends on the type of tour and is specified in the offer tab 

◦ price is given in Polish zloty, VAT included 

◦ payment is collected on the day of the service in cash or by bank transfer with payment  up to 14 days after the service (depending on the agreement between the service provider and the user) 

◦ a VAT invoice is issued with each payment 

  • Obligations and rights of WhimsyWarsaw 

◦ WhimsyWarsaw undertakes that each tour is led by well-educated, English speaking  guides who possess the required and valid authorisations for guiding tours (if necessary)  and the necessary orientation in the topography and attractions of Warsaw 

◦ tours shall be carried out as specified in the offer, but the final tour itinerary (including  starting and finishing points) shall be agreed with the service user prior to the tour 

◦ transport services are provided by licensed drivers. Each vehicle is in a good technical  condition and has a valid technical inspection certificate. Drivers are not guides and do  not provide guiding services.

◦ the guide and driver have the right to interrupt the tour or exclude a participant if he/she  behaves aggressively, is under the influence of alcohol or drugs. If the behaviour is  dangerous to the surroundings, the guide or driver has the right to call the police. 

◦ WhimsyWarsaw is not responsible for any damage caused by trip participants. ◦ WhimsyWarsaw does not provide medical/travel insurance during tours. ◦ during guided tours, WhimsyWarsaw shall not be liable for: 

▪ theft, loss or damage to the user’s private property, 

▪ delays, inconvenience, direct or consequential loss, whatever the cause, unless  caused by WhimsyWarsaw’s negligence, in which case our liability is limited (except for death or personal injury) to the maximum amount of the tour price refund. 

▪ for loss, damage or alteration caused by force majeure events such as strikes, riots,  fire, flood, natural disaster, weather problems or similar events beyond our control. 

  • Obligations and rights of the user/customer 

◦ the user ordering the tour is obliged to provide the actual number of participants in the  tour, a valid contact telephone number and invoicing details 

◦ the tour participant shall be responsible for any damage caused during the tour (his/her  own and that of a minor under his/her care) 

◦ the customer is obliged to behave appropriately and in a way that does not violate  current social norms 

◦ the customer has the right to cancel the tour at any time, in writing. 

◦ any inappropriate or unsafe behaviour by guides or drivers must be reported immediately using the contact form, entering ‘cito’ in the subject line of the message.  

  • Cancellations 

◦ the client has the right to cancel a service order at any time. 

◦ the cancellation of a booking must be communicated to WhimsyWarsaw by email  (info@whimsywarsaw.com), giving details of the booking to be cancelled, no later than  24 hours before the booking date. Once the cancellation has been accepted, the client  will receive a message confirming the cancellation. 

◦ failure to cancel the booking or not turning up at the agreed place of service without  informing WhimsyWarsaw in advance will result in the client being charged for the  service. 

◦ if the tour is interrupted by the guide or driver due to unacceptable behaviour of the  client (intoxicated with stimulants, vulgar and unsafe behaviour), the client shall be  charged the full cost of the service. 

  1. Newsletter 
  • the newsletter is an information sent to the User’s email on theirs request
  • in order to use the newsletter service, the User shall click on the newsletter button and  express their willingness to use this service by providing their e-mail address and accepting  the T&C and privacy policy. 
  • the newsletter is sent at least once a month, with information about Warsaw and other  Services. The user may unsubscribe from the newsletter at any time by clicking on the  unsubscribe link 

Complaints policy 

  • Complaints relating to the use of services on the website should be made by sending a  message via the contact form or email info@whimsywarsaw.com, providing details. Once a  complaint has been accepted, the user will receive a message about the outcome of the  complaint. 
  • in justified cases, the user is entitled to a refund of the cost of the service (if the complaint  concerns guided tours), paid to the user using the same channel by which the payment was  made, within 5 working days from the confirmation of the complaint. Or the possibility of  choosing the same service at another time. 
  • A dispute arising from the Services may be of a consumer nature and may be dealt with  under the applicable Polish law or based on out-of-court consumer dispute resolution  methods or using the online dispute resolution system between consumers and businesses at  EU level (ODR platform) in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. (Official Journal of the EU L 165 of  18.06.2013, p. 1). Online platform: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home2.show&lng=EN 
  • The settlement of any disputes arising between the Service Provider and the user/customer  who is not a Consumer shall be submitted to the court having jurisdiction over the seat of  the Service Provider. 

Final provisions 

  • The user may contact WhimsyWarsaw at any time via the contact form, e mail address:  info@whimsywarsaw.com or postal address: Varsavin Foundation, ul. Górczewska 148, lok. 1, 01460 Warsaw, Poland. 
  • In matters not covered by these Terms and Conditions, the provisions of Polish law shall  apply. 
  • None of the provisions of these Terms and Conditions shall limit the rights of the Consumer  which he/she is entitled to under the provisions of the law in force in the territory of the  Republic of Poland. 
  • WhimsyWarsaw may amend these Terms and Conditions 
  • The current Terms and Conditions are published on the website and provided to the user free of charge (electronically) on each request. The user may access these Terms and Conditions  at any time at www.whimsywarsaw.com 

Effective from: 6th of January 2025