Groupon International Limited Terms of Use
This page describes the Terms of Use for the Groupon International Limited website and the Services we offer.
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Basic information on terms of use
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What this document is and who we are: You are reading a legal document that constitutes a contract between you - the customers (whom we will refer to in this document as "you" or "customer") and us.
You accept the terms of use set out below, also referred to as the "Agreement".
Groupon International Limited is our company, operator and provider of this Website, incorporated in Ireland with its registered office there at Lower Ground Floor, Connaught House, 1 Burlington Road, Dublin 4, 216410 Ireland.
Our company's registration number is 501358.
In this document, we refer to ourselves by the following terms and phrases: "Groupon International", "we", "us" or "our" and we refer to ourselves and other Groupon companies, including our affiliates, parent companies and subsidiaries, "the Group" Groupon ".
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What we do: we provide the platform (including the Website, mobile applications, etc.),
where we, our affiliates, and other vendors (collectively, "Sellers") present offers for Vouchers, deals, merchandise, tours, and other products (collectively, "Items").
As a platform provider, we assist in the execution of an Item transaction through it.
We never act as a buyer and rarely as a seller; we provide a place where Sellers and Customers can negotiate and execute transactions.
This means that when you use our Site, you will also enter into other agreements with various legal entities in addition to this Agreement.
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What is the legal relationship: each Item purchased through the Site is subject to the terms and conditions set out by the respective Seller.
As Groupon International rarely acts as a Reseller, your sales contract is likely to be with another legal entity (which is often a member of the Groupon Group).
For more information, please visit the About us section.
Please note, however, that any contracts that are constructed after the end of the sale of the Items will only be entered into between you and the Seller of the Product (and NOT Groupon International, unless Groupon International is the Seller).
The seller is responsible for selling and settling any claims or other problems related to the contract between you and the seller.
It should also be remembered that when you purchase a Voucher, in addition to the sales contract with the Voucher Seller, you also conclude an agreement with the entity that delivers the Products after you use the Voucher ("Contractor").
In the case of Vouchers, neither we nor the Seller are responsible (we) for any contracts relating to the implementation of the Voucher concluded between you and the Contractor.
Please also remember that we never act as the Seller's agent or the Contractor's agent.
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What else we do: We may provide a forum for posting or posting User Content, and we may send you newsletters and other messages.
In order to be able to send you e-mails, we need to get to know you a little better.
For details on our data collection and processing practices, please see our Privacy Policy.
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Scope of Use: The Site and our Services are intended for your non-commercial, personal and non-business use, unless otherwise specified in writing.
You may only access our Site through our application, standard web and mobile browsers and similar consumer applications.
It is not allowed to use robot, spider, offline reader or other page search / recovery applications or any devices, tools or processes - whether automatic or manual - for recovering, indexing or mining data from our Site, techniques " scraping ”and other similar techniques.
An exception, which we may cancel at any time, is public search engine operators who may use spider software to copy material from the Site solely for the purpose of compiling a publicly available inventory of materials and to the extent necessary for such activity - this does not apply to cache or an archive of such materials.
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Limited License: Notwithstanding any other provisions of this Agreement, you are authorized to search, index, display or store / cache the content of this Site solely for the following purposes: (i) displaying this Site as part of an internet search engine result; and (ii) optimizing (by Expedited Mobile Pages or otherwise) delivering the Site to other users of the Site.
This authorization may be revoked at any time with immediate effect by amending this Agreement accordingly.
Groupon reserves all rights, including copyright, in its HTML code and content (including Optimized Code for Accelerated Mobile Pages) and nothing in this Agreement shall constitute a waiver of Groupon's rights or its enforcement of this Agreement, express or implied. .
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Use Prevention: We reserve the right to prevent you from using our Site and our Services (or a specific part of them).
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Definitions: This Agreement uses various defined terms.
You will recognize them by the fact that they begin with a capital letter.
Their definitions can be found in this Agreement or at the end of this Agreement (13.
Definitions).
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Registration and your account
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Why is it worth registering?
Depending on specific features on our Site, you may or may not need to Register to use many features or access most of our Services.
However, registration is required in order to make a purchase, unless you make use of the option to purchase as a guest on the Site.
If you make a purchase as a guest and you do not have an Account on our Website, it will be created for you based on information provided by you in connection with the transaction (e.g.
name and surname, address, email address and other information regarding the transaction).
You can access this Account later by creating a password.
This Account will allow you to quickly print your Voucher, view previous purchases, hold Groupon funds for you, and change your preferences.
We reserve the right to refuse Registration and to cancel your Account at any time.
Registration means that you do not have to re-enter your data each time you buy Products.
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How to Register: To complete the Registration, you must send us your name, zip code, e-mail address and some other personal data.
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Passwords: You will be asked to enter your password during Registration.
The password must be kept confidential, and in the event of access by a third party or unauthorized use of your e-mail box by a third party or other breach of security, you must inform us immediately.
You agree that we are not responsible where a person to whom your password is disclosed uses (and / or transacts through) our Services and our Site.
Please note that you are solely responsible for not keeping your password secret.
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Valid e-mail addresses: All Accounts must be Registered with a valid e-mail address that you use on a regular basis.
Accounts created using someone else's email address or temporary email addresses may be deleted without notice.
If we suspect that you are using an invalid email address, we may ask you to re-authenticate your Account.
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E-mails: Groupon International may send you administrative or promotional e-mails.
We may also send you information regarding activity and purchases in your Account, as well as updates about our Site and Services, and other promotional offers.
We can also send you information about purchases made by you. (
You can unsubscribe from promotional communications at any time by clicking on the unsubscribe link at the bottom of any such email.)
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Enforced Notifications: Where you have consented, Groupon International may send you device / mobile push notifications for generic and nearby offers.
You can turn off push notifications at any time by changing your preferences on your mobile device.
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User Content
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User Content: The Website may provide Account holders and visitors with the opportunity to submit opinions, advice, ratings, comments, messages, participate in discussions and polls and send other messages, as well as files, images, photos, videos, audio recordings, music and other content. (collectively "User Content").
User Content may be submitted or posted through forums, newsletters, newsgroups, chat rooms, polls, blogs and other communication methods that may be shared on or in connection with the Site or Services from time to time.
You may need an Account to submit User Content.
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User Content Creator: By submitting any User Content, you certify that you are the creator of the Content or that you are acting on behalf of the creator, that you have the authority, expressly granted by the creator, to upload or publish the Content in question, and that you have all the rights necessary to grant the licenses and rights set out in this Agreement with respect to your User Content.
Additionally, you certify (or in the event of acting on behalf of the creator of the User Content, you have been assured that the creator certifies) that the provision of such User Content for the indicated purposes does not infringe any intellectual property rights, trademarks or any rights of third parties, including rights to image and privacy rights.
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Restrictions: You may not upload, post or otherwise make available on the Site any copyrighted, trademarked or other intellectual property right material without the express consent of the owner of such right, mark or other proprietary right.
Groupon has no express obligation to provide you with any indication or information that helps you determine whether or not any material is copyrighted or trademarked.
You are solely responsible for any damage resulting from any infringement of copyright, trademark or other proprietary right, and for any other loss arising from your use of the Site.
Other restrictions and prohibited activities that you should be aware of are listed in Section 5 below.
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Use of User Content: Groupon International has the sole and complete right, but is not obligated, to view, edit, post, refuse to publish, remove and monitor User Content.
Groupon International additionally has the sole and absolute right, but is not obligated, to disclose User Content and the circumstances of its transmission to any third party at any time and for any reason, including to determine whether the provisions of this Agreement and any other operating rules laid down by Groupon International and to comply with any applicable law, regulation or request from an authorized government body.
Without prejudice to the provisions set out above, Groupon International has the right to remove any material from the Site at its sole discretion.
Groupon International is not responsible in any way for any User Content or other information that appears or is removed from the Site or elsewhere.
Groupon International is under no obligation to use User Content and may elect not to use it at all.
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Changing and Deleting User Content: In some cases, and from time to time, you will be able to change or delete User Content that you have uploaded or posted through your Account.
Groupon International makes no guarantees that the altered or removed User Content will in fact be changed or removed from the Site or elsewhere, or that it will cease to appear online, in search results, on social networks or in any other form, elsewhere. places or using other technological solutions.
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Public Nature of User Content: You understand and agree that User Content is public.
Anyone (whether or not using Groupon International's Services) may view your User Content without your knowledge.
Please only include information in your User Content that you wish to make public.
Groupon International is not responsible for the use or disclosure of any personal information or other information disclosed by you in connection with User Content.
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Disclaimer: Any kind of User Content created by you or any third party is created by their respective authors or distributors and not by Groupon International.
Other users may post User Content that is inaccurate, misleading or misleading.
Groupon International does not warrant or be responsible for User Content, and is not liable to you or others for any loss or damage caused by trust in such User Content.
User Content reflects the views of the submitter and should not be taken as the opinion of Groupon International.
Groupon International does not control or guarantee any User Content and specifically disclaims any liability related to your posting, use of, and trust in such User Content, and disclaims liability in relation to any actions arising from your use of the Website or the Services. , including objectionable User Content.
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Law: Some User Content you submit to Groupon International may be displayed or may be displayed in connection with or part of your personal information, including, but not limited to, your name, initials, username, account username used for logging in to social networks, photo, image, preferences, voice and location.
You grant Groupon International and the Groupon Group a royalty-free, perpetual, irrevocable, assignable, fully paid, non-exclusive, transferable, worldwide right to use, display, distribute, offer for sale and sell your personal information in connection with your posting. User Content, whether or not User Content appears on its own or as part of other content, in whatever form, via any media or technology known now or developed in the future, and the right to grant further licenses to such rights at various levels without any remuneration owed to you.
However, Groupon International has no obligation to use your personal data in connection with User Content.
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License: As agreed between you and Groupon International, you retain all ownership rights in any User Content that you post or submit.
However, by posting User Content or other information on or through the Site, you are granting Groupon International and the Groupon Group a royalty-free, perpetual, irrevocable, assignable, fully paid, non-exclusive, transferable, worldwide right and license to use, duplicating, publishing, modifying, translating, disseminating, reproducing, displaying, transmitting, offering for sale and selling User Content appearing independently or as part of other content, in any form, via any media or technology known now or developed in the future, and derivative works therefrom, and the right to grant further licenses of such rights at various levels without any remuneration owed to you.
You waive any “moral rights” or other rights regarding the authorship or integrity of any User Content material that you may have under applicable law or otherwise.
Groupon International's and Groupon's license to your User Content and Personal Data that you submit includes their use for promotional, advertising, marketing, market research, counterparty feedback, quality control and any other lawful purposes.
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Copyright Procedures.
Groupon reserves the right to terminate your or a third party's right to use the Site where it infringes the copyrights of others.
Groupon may, in appropriate circumstances and at its sole discretion, terminate your or a third party's right to access your Site if Groupon determines that you or a third party are committing multiple breaches.
If you believe that any material has been posted through the Site by a third party in an infringement of copyright and you would like to bring it to the attention of Groupon, you must file a complaint here or forward to the Copyright Agent listed below.
Groupon Copyright Information the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted material; (b) information identifying the copyrighted material and the location of the allegedly infringing material on the Site; (c) a written representation that you have a good faith belief that the disputed use of the material is without the consent of the owner, its agent, or the law; (d) name and contact details, including telephone number and e-mail address; and (e) a statement made under penalty of perjury that the information described above in your notification is accurate that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Contact details of the Agent for
Groupon's Copyright Rights to Relate Notices and Claims of Copyright Infringement:
Groupon, Inc.
Attn: Copyright Agent
c/o The Risk Management Department
Floors 11-12, Aldgate Tower
2 Leman Street, London E1 8FA, United Kingdom
Email:  emearisklegal@groupon.com
Procedures for reporting violations.
If you are the owner of a copyright, trademark, patent or other intellectual property right ("Intellectual Property Right Owner"), or if you are the representative authorized to act on behalf of the Intellectual Property Right Owner ("Authorized Representative"), and you believe in good faith that materials or products displayed on the Site infringe the copyright, trademark or other intellectual property rights of the Intellectual Property Right Owner and you would like to bring it to the attention of Groupon, you may raise your concerns by submitting a complaint here.
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Unsolicited ideas: we do not accept or consider, directly or through any employee or representative of Groupon International or the Groupon Group, any unsolicited ideas, including ideas or suggestions relating to new products or their improvement, improvements, names, technologies, campaigns advertising and marketing, plans or other promotions.
Please do not send us (or any of our employees) any ideas, suggestions, materials, photos or other content in any form whatsoever ("Unwanted Materials") that are not requested by us.
If you send us Unwanted Materials, you acknowledge and agree to the following terms, notwithstanding any accompanying cover letters or other terms:
Groupon International has no obligation to review or keep any unsolicited material confidential;
Groupon International will be the owner of the unwanted material and may use and distribute it for any purpose, without limitation, without obligation to notify you, and without payment of monetary compensation to you.
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Groupon International's Standards and Limitations of Liability
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The Standards by which we conduct our business: Groupon International always makes every effort and is committed to:
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use their skills to the highest possible degree and exercise due diligence in the performance of their obligations under this Agreement and;
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and not to violate professional diligence requirements in their activities.
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The provisions of point 4 are important!
the provisions of this section 4 override the provisions of all other sections of this Agreement and constitute the entire liability with respect to the performance, non-performance, implied performance or delay in this Agreement, the provision of the Services, the display of the Website or any purchase (or any part thereof) , as well as in connection with this Agreement, its conclusion or performance.
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Our Liability: Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) we have committed a serious error, except for a serious error that was not solely caused by Groupon International; and (iv) liability which is not permitted to be limited or excluded under applicable law.
You are required to take reasonable steps to prevent or minimize damage.
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Loss categories for which we are not responsible: notwithstanding the provisions of clause 4.
3, due to the fact that we provide the Website and provide Services for non-commercial use, we are not responsible for: 4.
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loss of income or revenue; 4.
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loss of actual or anticipated profits; 4.
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loss of business; 4.
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indirect or consequential losses (to avoid confusion, we understand "secondary losses" as "secondary losses if they are foreseeable, known, foreseen, etc.").
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Obligations on your side
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Accuracy of information: You ensure that all information you provide during Registration and collected in your Account during the term of this Agreement is true, complete and accurate, and that you will promptly notify us of any changes to this information by updating your Account details.
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Site Content: You are responsible for ensuring that any Articles and information (or Products) available through the Site meet your specific requirements.
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Prohibited Conduct: You undertake not to use or permit other persons to use the Services or the Website, including
for the following purposes:
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to upload, send or receive material, including User Content, that is inappropriate;
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to send, send or receive materials, including User Content that is illegal, harmful, prohibited, contains threats, is offensive, abusive, promotes hatred, is racist, homophobic, pornographic, violates the law, contains elements of violence, they are misleading, disgusting, indecent, obscene, threatening, blasphemous or defamatory, or slander a person or entity, are inconsistent with a court decision, violate the trust or rights of another person or entity, including copyrights, trademarks, trade secrets , patents, personal rights, publicity, privacy or any other third party rights;
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to send, send or receive material, including User Content, for which you have not obtained all necessary licenses and / or approvals (from us or third parties) or that express or encourage behavior that may be considered a criminal offense, which lead to civil liability or are illegal or violate the rights of third parties in any country in the world;
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to transmit, send or receive material that carries technical risks (including computer viruses, logic bombs, trojans, worms, harmful elements, corrupted data, malware, harmful data or any other material that may interrupt or disrupt operation of the functions of the software or computer hardware, damage them or otherwise contribute to their loss, damage, destruction or limitation of their operation);
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in order to cause annoyance, inconvenience or unnecessary fear;
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to intercept or attempt to intercept messages sent via communication systems;
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for purposes inconsistent with their intended use or purposes other than those for which they were intended;
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for any illegal purpose;
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for any purpose that may incite hatred based on ethnicity, religion or other minority characteristics, or which may in any other way adversely affect any person, group or entity.
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Prohibited Use: The following uses of the Site and Services are prohibited, and you may not do (or permit others to do so) in any of the following ways:
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reselling the Services or the Site;
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providing false data, including false name, address and contact details, illegal use of credit / debit card numbers;
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attempting to circumvent network security measures or security, including attempting to access data not intended for you, logging in to a server or account to which you are not authorized, or testing the security of other networks (e.g.
checking for open ports);
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accessing the Services (or the Site) in a manner intended to impose an unreasonable or disproportionate burden on our infrastructure, or to take actions that cause or may cause such effects, or otherwise that interferes with its functionality, performance or operation;
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monitoring the network in any way that intercepts data not intended for you;
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sending unsolicited e-mail, including sending "junk e-mail" or other advertising material to people who do not wish to do so.
It is expressly forbidden to send unsolicited bulk email.
This includes mass mailing of advertising, promotional and informational material, as well as political and religious trials.
Such materials may only be sent to persons who have expressly consented to it.
If the recipient no longer wishes to receive such e-mails, you may not send the person any more such e-mails;
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the compilation or forwarding of "chain letters" or other "pyramid" messages, whether or not the recipient has expressed a wish to receive such messages;
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sending malicious e-mail, including sending large amounts of e-mail to you or to a website;
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engaging in illegal activities or entering into illegal transactions with us, a Merchant or a Counterparty (including carrying out activities or entering into transactions purportedly on behalf of a third party for which you are not authorized to act on its behalf, or where you claim to be a third party, which they are not really);
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use of the Services or the Site (or their features) in a manner that violates the provisions of this Agreement;
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unauthorized use or falsification of the message header information;
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engaging in unlawful or criminal activities in connection with your use of the Services and / or the Website or the Voucher;
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copying or using User Content for commercial purposes.
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Equipment: The services and the ability to use the Website are not supplied with a computer or other necessary equipment enabling the use of these services.
To use the Site or the Services, you must be connected to the Internet and have access to appropriate telecommunications links.
We are not responsible in any way for the costs of telephone calls, telecommunications connections or any other costs that you may incur.
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Terms of Service and Website Use
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Errors and Mistakes: We are not responsible for errors or mistakes (eg.
publishing a Voucher for PLN 1.99 instead of PLN 199!),
if we acted in accordance with the standards set out in clause 4 of this Agreement.
We will make every effort to remove errors and mistakes as soon as possible from the moment we become aware of them.
We reserve the right to change, modify, replace, suspend or remove any Voucher, Article, Service or information on the Site or Service element without prior notice.
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Viruses and Related Issues: We make no warranty that the Services or the Site are free from viruses or other problems that may adversely affect technology.
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Withholding Access: We strive to allow you uninterrupted access to the Services and the Site, however it may be suspended, restricted or interrupted from time to time.
From time to time, we may also restrict your access to the Site and / or Services due to repairs, maintenance, or the introduction of new amenities or services.
We will try to restore access as soon as possible.
We also reserve the right to block access to material that, in our opinion, may contribute to a breach of any part of this Agreement, and to edit or remove such material.
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Closing Accounts: we reserve the right to close Accounts whose users violate the terms of use (e.g.
of this Agreement), use proxy servers to hide IP addresses to disguise the use of multiple Accounts, appear to be in a location other than the actual one, or in any way interfere with the operation of the Site or Services.
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Multiple Accounts: If you use multiple accounts, we'll take action on each of them.
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Suspension or termination of a service contract
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If you (or others with your permission) use the Services or the Website in violation of this Agreement, we may suspend your right to use the Services and / or the Website (in whole or in part).
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If we suspend the Services or the Site, we may refuse to restore them until we have received from you, as permitted by us, assurance that there will be no further breach of this Agreement.
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Groupon International will fully cooperate with law enforcement agencies and will comply with court orders to disclose the identity or location of any person found to be in breach of this Agreement.
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Without prejudice to any provision of this section 7, we have the right to immediately (in whole or in part): i) suspend the operation of the Services and / or the Website; ii) suspend your right to use the Services and / or the Website; iii) suspend the right to use the Services and / or the Site for persons we believe are associated with you (in any way); and (or) iv) immediately terminate this Agreement if: 7.
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you are in breach of the provisions of this Agreement; 7.
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we believe, on reasonable grounds, that you have or may be or will be in breach of this Agreement; 7.
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we believe, on reasonable grounds, that you have committed fraud against us or another person.
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Subject to anything in this section 7, we may terminate this Agreement at any time.
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Our right to terminate this Agreement shall not prejudice any other rights or remedies at our disposal for any breach of any rights, obligations or any liability that occurred prior to termination.
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Data protection
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Please see our Privacy Policy, which forms part of this Agreement.
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Ads
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Ads may be delivered on our behalf by a third party advertising agency that may set or read a cookie on your browser.
If you want more information on such activities or your options to prevent the use of this information by any company, please refer to the Cookies Policy and the Privacy Policy.
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Links to and from other sites
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If the Site contains links to sites and resources provided by third parties (collectively "Other Sites"), these links are provided for your information and convenience only.
We have no control over the content or products offered on Other Sites (this also applies to social networks such as Facebook).
We assume no responsibility for any damages or losses resulting from the use of such websites.
If you visit an external site linked to from the Site, you do so at your own risk.
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Intellectual Property Rights
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Groupon International grants you a limited, personal, non-transferable, non-exclusive and revocable license to access and use the Website under this Agreement and additional terms and conditions set forth by Groupon International.
Any material covered by intellectual property rights (including copyrights, patents, trademarks, service marks, trade names, domain names, social media identifiers, registered and unregistered designs) on the Site and / or Services (as set out below in section 11.
4), information and content of the Site or information that is part of the Services, our database, Site design, text, graphics, software, photos, videos, music, sounds, data, software compilations, source code and software (including applets and scripts) , as well as their selection, coordination, arrangement and corrections are our property (or the property of our licensors).
You may not claim any such property.
All rights are reserved.
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None of the materials listed in section 11.
1 above may not be (in whole or in part) reproduced, distributed, copied, modified, published, downloaded, displayed, anywhere posted, played or transmitted in any form or through any means; nor may it be sold, rented, resold, licensed or sub-licensed, used to create derivative works, or otherwise used without the express written consent of the Groupon Group or the copyright owner, unless expressly permitted by copyright law.
You may search and display content on the Website on your computer screen and store such content in electronic form (but not on a server or on data carriers connected to the network).
You have no right to reproduce, modify, copy, distribute, display, reproduce the material or use it for commercial purposes without our permission.
If the downloading, copying, distribution, reproduction or publication of copyrighted material is permitted by law, you must provide information about the source.
You may not make any changes to or remove any such notices, trademark or copyright notices.
You acknowledge that you do not acquire any proprietary rights by downloading copyrighted material.
Failure to follow these rules may result in copyright, trademark, or intellectual property infringement, for which you may incur civil and / or criminal penalties.
You may not use copyrighted material in any way that exceeds or violates the provisions of this Agreement.
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Groupon owns trademarks registered and unregistered in many countries and "Groupon", the Groupon logo and variants thereof available on the Site are trademarks of Groupon Inc.
or its affiliates, and any use of such marks is for Groupon's benefit. "
GROUPON "is a registered trademark in the following countries: Algeria, Antigua, Argentina, Armenia, Australia, Bahamas, Bahrain, Belarus, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, European Union, France, Germany , Hong Kong, Iceland, India, Indonesia, Israel, Jamaica, Japan, Jordan, Kenya, Lebanon, Liechtenstein, Macedonia, Mexico, Moldova, Morocco, New Zealand, Nigeria, Norway, African Intellectual Property Organization, Panama, Paraguay, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United States of America, Uruguay, Venezuela and Vietnam.
A non-exhaustive list of Groupon's trademarks can be found here.
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All rights, proprietary rights and intellectual property rights in relation to the content available on the Site or on the Services belong to the owners of such content or the Contractor and may be protected by copyright, trademarks or other rights.
This Agreement does not give you any proprietary interest in such content, except as licensed under it.
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The authors of the literary and artistic works contained on the pages of this Site have acquired the moral right to be referred to as the authors of those works - User Content is an exception.
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Groupon owns trademarks, both registered and unregistered, in many countries and "GROUPON", the Groupon logos and their various versions displayed on the Site are trademarks of Groupon, Inc.
or its affiliates, and any use of such marks is for Groupon's benefit. "
GROUPON "is a registered trademark in the following countries: Algeria, Antigua, Saudi Arabia, Argentina, Armenia, Australia, Bahamas, Bahrain, Belarus, Brazil, Chile, Egypt, Ecuador, Russian Federation, Philippines, France, Hong Kong, India, Indonesia, Iceland, Israel, Jamaica, Japan, Jordan, Canada, Qatar, Kenya, Colombia, South Korea, Costa Rica, Lebanon, Liechtenstein, Macedonia, Morocco, Mexico, Moldova, Germany, Nigeria, Norway, New Zealand, OAPI, Panama, Paraguay, Peru, Dominican Republic, South Africa, Singapore, United States of America, Switzerland, Thailand, Taiwan, Tunisia, Turkey, Turkmenistan, Ukraine, European Union, Uruguay, Venezuela, Vietnam and United Arab Emirates.
A non-exhaustive list of Groupon's trademarks is available here.
12.
General provisions
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Interpretation: under this Agreement:
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words for persons refer to natural persons, companies, limited liability companies, corporate entities and unincorporated associations;
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point headers (e.g. "
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General provisions "at the beginning of this section) and section titles (e.g."
Interpretation: ”at the beginning of this section 12.
1) are provided for reference purposes only, do not form part of this Agreement and do not in any way affect the interpretation of its provisions;
12.
1.
3.
the term "including" is understood to mean "including, but not limited to," "including without limitation."
12.
2.
No partnership or partnership relationship: Nothing in this Agreement should be construed as establishing a joint venture, partnership or partnership relationship between you and us.
Neither party is entitled or authorized to assume any obligations, incur debts or costs, or enter into any contract on behalf of the other party.
12.
3.
No Other Terms: Except as expressly provided in this Agreement, all warranties, conditions and other terms, whether imposed by statute, common law or otherwise, are hereby excluded to the fullest extent permitted by law.
12.
4.
Transfer: The parties may not transfer, in whole or in part, their rights or obligations under this Agreement, nor may they otherwise dispose of them.
We have the right to transfer all or part of the rights and obligations under this Agreement to another person.
12.
5.
Events beyond our control: We are not responsible for breaches of our obligations under this Agreement if the breaches were caused by factors beyond our control.
12.
6.
No waiver: any waiver of our rights by us as a result of your breach of this Agreement will not result in or be construed as a waiver of any right as a result of any future breach, or be construed as such, regardless of the nature of the breach .
Giving you time, our leniency or indulgence towards you does not relieve you of any Liability under this Agreement and does not affect it in any way.
12.
7.
Notices: Unless otherwise specified in this Agreement, notices to parties must be in writing and must be delivered personally, electronically (except when you send us a notice for legal action purposes) or by post to indicated by the user or to us at the address of our registered office.
12.
8.
No Third Party Rights: All provisions of this Agreement apply equally to and for the benefit of the Groupon Group, third party content providers and licensors.
Each of the entities mentioned above has the right to enforce these provisions and enforce them directly or on their own behalf (provided that this Agreement may be changed or canceled without the consent of the entities mentioned herein).
Subject to the preceding sentence, nothing in this Agreement may be enforced by other entities not party to it.
This means that only we and you have the right to enforce this Agreement.
12.
9.
Provisions that remain in force after termination of the Agreement: notwithstanding the provisions of clauses 1, 3, 4, 7, 11, 12 and 13 of this Agreement, together with provisions that are expressly marked as applicable after its termination or termination, and which in their nature are valid after the termination of the Agreement, they also apply after its termination.
If you use the Services or the Site again, then the then-current terms of use will apply.
Where Vouchers purchased under this Agreement are used, the terms of these Vouchers will survive the termination of this Agreement.
12.
10.
Severability: If any provision of this Agreement is found to be illegal, invalid or unenforceable, it will be deemed severable and the validity and enforceability of the remaining provisions of the Agreement will not be affected.
12.
11.
Governing Law: This Agreement (including all relationships that are not part of the Agreement) will be governed by and construed in accordance with Irish law.
13.
Definitions
This Agreement includes various defined terms.
You will recognize them by the fact that they begin with a capital letter.
Here is their meaning:
"Account" means a Groupon Account.
"Liability" means liability for any basis of claim (including breach of contract, civil damage, misrepresentation or misrepresentation, restitution or otherwise) relating to or arising out of or in connection with this Agreement (including liability expressly set forth in this Agreement or resulting from the invalidity or unenforceability of any of the terms of this Agreement) - for the purposes of this definition, all references to "Agreement" also include ancillary agreement.
"Contractor" means the Seller of the Product for whom the Voucher can be exchanged.
Contractor is NOT a Groupon International Reseller.
"Site" means any website, mobile application, electronic service or communication, social networking site, or any website relating to an individual, business partner, contractor, city or area that is referenced in these terms of use.
"Registration" means the creation of an Account on the site and "Registration" means the action to create an Account.
"Services" means all or part of the services provided by Groupon International through the Site (or through electronic or other communications from Groupon International) including mobile applications, our newsletters, email messages sent to you and information services, with content or transactions (e.g.
making purchases).
"Voucher" means a voucher that is sold by Sellers and may be exchanged for Products offered by the relevant Counterparty in accordance with the conditions set out in the Voucher and in the offer description on the Website where the Voucher was purchased.
"Products" means the goods and / or services that are part of the Voucher (for which the Voucher may be exchanged).
Coupons Sales Terms Groupon Sp.
Z O.
O.
Effective Date: 22.
03.
2019
1.
General information
1.
1 These Terms of Sale apply to any Coupon purchased from Groupon acting on behalf and on behalf of a Partner.
1.
2 Groupon means Groupon Sp.
z o.o.,
a company registered in Poland with its registered office at: Al.
Jerozolimskie 123A, 02-017 Warsaw.
Groupon is registered with the District Court for M.
Capital of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; KRS: 0000310218; NIP: 5252429432.
1.
3 Coupon means an instrument, in physical or electronic form, entitling the holder of the Coupon (hereinafter referred to as the "Coupon Holder") to: receive the Partner's Offer from the Partner, or within the time specified on the Coupon (hereinafter referred to as the "Fulfillment Date").
1.
4 Partner Offer means goods or services provided to the Coupon Holder by the Partner in accordance with the terms and conditions provided on the Groupon Portal and on the Coupon.
1.
5 Affiliate is a third party unrelated to Groupon that sells or delivers a Affiliate Offering that authorizes Groupon to issue, sell and deliver a Coupon on behalf of and for the benefit of a Affiliate.
Groupon does not sell or deliver a Partner Offering.
The contract for the supply and purchase of the Affiliate Offer will be made between you and the Affiliate with whom you redeem the Coupon, and Groupon will conclude the agreement on behalf of the Affiliate and as its agent in all cases.
Groupon only issues, sells and delivers Coupons to you on behalf of and for the Affiliate.
1.
6 These Terms of Sale were last updated on 22.
03.
2019.
Groupon, as the Affiliate's agent, reserves the right to unilaterally amend these Terms of Sale at any time.
Any changes to these Terms of Sale will be published online.
The only valid version for the User is the version of the Terms of Sale that the User agreed to when purchasing the Coupon.
2.
Purchase of the Coupon
2.
1 The coupon can only be purchased by persons over 18 years of age.
You must register and create an account on the Groupon International Limited Portal prior to purchasing.
2.
2 Clicking on the "Complete Purchase" button will send an offer to purchase a Coupon to Groupon, acting on behalf and on behalf of the Partner.
However, the transaction will not be successfully completed until an email has been received from Groupon, acting on behalf of and on behalf of the Partner, confirming the acceptance of your offer.
Groupon expressly reserves the right to decline your offer.
In addition, even if Groupon has accepted the offer, it may withdraw from the contract at any time if it reasonably suspects that you have committed or may be committing fraud against Groupon, a third party affiliate of Groupon or the Partner.
3.
Coupon Redemption
3.
1 Unless expressly stated otherwise:
(a) the Coupon can only be redeemed once;
(b) The Voucher can only be redeemed at the Affiliate and not at Groupon's premises;
(c) The Coupon is valid for one person only; and
(d) when redeeming a Coupon with a Partner, please follow the instructions related to the Coupon.
3.
2 All Coupons sold by Groupon can only be redeemed at a Partner.
3.
3 In order to redeem the Coupon, it must be presented to the Partner within the Fulfillment Date.
A coupon not redeemed within the Redemption Date will automatically expire.
An expired Coupon cannot be redeemed and the Coupon Holder is not entitled to any refund or compensation.
3.
4 If a Merchant Offer on the Groupon Portal is a Simultaneous Order Offer, Groupon will collect your shipping details at the time of purchase.
Groupon will then pass the data on to the Affiliate.
The Partner will consider the application for the redemption of the Coupon and send you the Partner's Offer.
3.
5 Unless expressly stated otherwise, the Coupon does not entitle the Coupon Holder to receive the Partner's Offer at a specific time.
We suggest that you contact the Partner as soon as possible to agree on a convenient date for the delivery of goods or services covered by the Partner's Offer.
Groupon has no control over the timing of the delivery of the goods or services covered by the Partner's Offer.
3.
6 If the Coupon is exchanged for goods or services outside of the Partner's Offer, you are not entitled to a credit, cashback or a new Coupon for the difference between the value of the Partner's Offer and the actual value of the goods or services provided or provided to you by the Partner.
3.
7 Coupons can only be redeemed in full.
They are not subject to partial or gradual implementation.
If for any reason a Coupon redeemed at a Partner is exchanged for goods / services with a value less than the original (no discount) value of the Partner's Offer, you will not be entitled to a credit, cashback or a new Coupon for the difference between the original (no discount) value and the value of the goods / services for which the Coupon was exchanged.
3.
8 Groupon may collect booking fees or other costs related to the purchase or redemption of a Coupon on behalf of a Partner.
Any such costs (if any) will be communicated to you prior to purchasing the Coupon.
3.
9 If, due to unforeseen circumstances, a Affiliate is unable to deliver a Affiliate Offer as described, Groupon will promptly notify you, on behalf of the Affiliate, by e-mail.
4.
Coupon Use
4.
1 The Coupon may only be purchased for personal, non-commercial use (the Coupon may be transferred to another person for their personal, non-commercial use).
4.
2 You are solely responsible for the Coupon.
Neither Groupon nor the Affiliate is responsible for lost or stolen Coupons or for the retrieval of listing numbers or security codes.
4.
3 You undertake not to provide false information, including false names, address details or contact details, or payment details; You also undertake not to take any unlawful actions regarding the purchase or use of the Coupon, as well as not to allow such actions by other persons.
4.
4 Any attempt to redeem a Voucher contrary to the Terms of Sale may result in the Voucher being void at Groupon's discretion.
4.
5 It is forbidden to duplicate the Coupons.
4.
6 Professional trading with Coupons is prohibited.
5.
Cancellations (and Exceptions), Refunds, and Issues
5.
1 You have the statutory right to withdraw from the coupon purchase contract within 14 calendar days from the date of receipt of the confirmation by e-mail (hereinafter referred to as the "withdrawal date from the coupon purchase contract").
However, by redeeming the Voucher within the Coupon Period in which you have the right to withdraw from the Voucher purchase contract, you expressly order Groupon, acting on behalf of and on behalf of the Partner, to commence the provision of services within that period and you acknowledge that you are waiving your rights. to withdraw from the Coupon purchase contract.
Upon redemption of a Coupon, Groupon, acting on behalf of and on behalf of a Partner, will be deemed to have fully performed its obligations to issue, sell and deliver the Coupon to you.
For the avoidance of doubt, this point also applies to all offers where an order is placed at the same time.
5.
2 The right to withdraw from the Coupon purchase agreement may be exercised as follows:
5.
2.
1 by completing and submitting the form;
5.
2.
2 via e-mail or chat with the Customer Service Department.
5.
3 If you withdraw from the Voucher purchase agreement pursuant to clause 5, Groupon, acting on behalf and on behalf of the Partner, will refund all payments made for the purchase within 14 calendar days from the date Groupon is notified of the withdrawal.
5.
4 If, through no fault of your own, you have failed to redeem the Voucher with the Partner prior to the expiry of the Redemption Period, you may be entitled to a refund.
In order to receive such a refund, you must prove to the satisfaction of Groupon that the inability to redeem the Coupon was not your fault.
The decision to grant a refund is at Groupon's sole discretion.
5.
5 If you have redeemed a Coupon but the Partner has not delivered the Partner's Offer as ordered, or if you have reservations about the delivery of the Partner's Offer, claims must be made directly to the Partner.
This is because the Affiliate, not Groupon, is responsible for delivering the Affiliate Offer.
Groupon only sells and delivers Coupons, acting on behalf of and on behalf of the Affiliate.
However, if you fail to reach an agreement with your Affiliate on your concerns, Groupon, acting for and on behalf of the Affiliate, may, at your request, help resolve the dispute.
5.
6 Unless otherwise expressly made to Groupon, any refunds will be made through the original payment method.
If the original payment method has been canceled, has expired or has changed otherwise, please inform the Customer Service Department immediately (https://www.groupon.pl/customer_support).
If you do not provide the appropriate statement and the refund is made using the original payment method, you may need to contact your bank or payment service provider to obtain a refund.
Groupon will not process more than one refund.
5.
7 Returns can be refused within 30 days of receipt.
If the refund is not rejected within 30 days, it will constitute the full and final settlement of all claims against Groupon (as Affiliate's agent) in relation to, or in connection with, the Voucher.
6.
Responsibility for the Partner's Offer
6.
1 Please note that the Affiliate, and not Groupon, is:
6.
1.
1 the seller or supplier of the Partner's Offer;
6.
1.
2 the party that concludes the contract with the Coupon Holder in the event of its implementation; and
6.
1.
3 the sole entity responsible for delivering the Partner's Offer to the Coupon Holder and for the Partner's Offer itself.
7.
Groupon's Standards of Service and Liability
7.
1 Groupon, as the Affiliate's agent, represents that:
7.
1.
1 will make every effort to perform its obligations under these Terms of Sale;
7.
1.
2 Coupons are of satisfactory quality and suitable for the purpose for which they were created; and
7.
1.
3 shall not breach the requirements of honesty and professional diligence with regard to the services it provides.
7.
2 Groupon will always be responsible for: (a) death or personal injury caused by its negligence / gross negligence; (b) fraud or fraudulent misrepresentation by Groupon; or (c) any failure to fulfill an obligation set out in clause 7.
1 above or implied contractual provisions that are not excluded or limited under applicable law.
7.
3 Except as provided in section 7.
2 Groupon will not be liable in any way for damages not caused by default or any other loss or damage suffered, including indirect losses.
7.
4 Groupon does not guarantee the completeness, usefulness or legality of the Partner's Offering.
Groupon is not responsible for the quality, safety, usability or other characteristics of the Merchant Offering.
7.
5 Groupon will not be liable for any breach of an obligation under these Terms of Sale if the fulfillment of that obligation has been made impossible or difficult for reasons beyond its control.
7.
6 Except for the liability under clause 7.
2, which is unlimited, Groupon's total liability to you will not, in any circumstances, exceed 100% of the Coupon price.
7.
7 The laws of some countries do not allow some or all of the exclusions or limitations set out in Section 7.
If you are subject to such laws, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.
8.
Portal Groupon
Groupon Portal (the "Portal") means the website, mobile applications, electronic communications or services, or any location where a Partner Coupon from Groupon may be purchased.
The website on which Groupon offers Coupons is the property of Groupon International Limited.
For more information on the Groupon International Limited Terms of Use, which are expressly incorporated into these Terms of Sale, please click here.
9.
Miscellaneous
9.
1 If you breach these Terms of Sale and Groupon takes no action against you, this does not mean Groupon waives any rights and remedies relating to the breach.
Groupon retains the right to take action or exercise any right or remedy in respect of any breach or any breach of its obligations under these Terms of Sale.
9.
2 Except as expressly provided in these Terms of Sale, any representations between the parties must be made in writing and delivered by email (except for the representation sent to Groupon in connection with taking legal action) or postage prepaid by the sender.
Groupon will send all notices to the address you provided when registering your Groupon account.
Any statements made to Groupon may be sent to the corporate address specified in section 1.
2.
9.
3 If any provision of these Terms of Sale is held invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
The provisions of these Terms of Sale, which have been found invalid or unenforceable, will be replaced by such valid and enforceable provisions that will ensure the achievement of an economic result closest to that provided by the provisions considered invalid or unenforceable.
9.
4 These Terms of Sale are subject to the provisions of the law in force in Poland and should be interpreted in accordance with them, excluding the provisions of private international law.
All disputes will be subject to the exclusive jurisdiction of the competent courts in Poland.
Terms of Sale of the Offers of Groupon Goods Global GmbH
This document sets out the conditions for the sale of goods by Groupon Goods Global GmbH.
1.
Contract and information on the ordering procedure
1.
1.
Parties to this Agreement: These Terms of Sale (hereinafter referred to as "Terms of Sale") constitute an agreement between the User (hereinafter referred to as "User" or "Customer") and Groupon Goods Global GmbH (hereinafter referred to as "Groupon Goods", "we", "us "Or" our ").
We are a company incorporated under Swiss law (company registration number CHE-497.
202.
638) with its registered office at: c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Switzerland.
Naś numer NIP: CHE-349.
386.
564.
1.
2.
Applicability of these Terms of Sale: By placing an order with us, you agree to be bound by these Terms of Sale and our Return Policy.
1.
3.
User Offer: By clicking on the "Complete Purchase" button, you are submitting an offer to purchase products sold by Groupon Goods ("Goods").
By clicking the button "Complete the purchase", the User expressly acknowledges that if we accept the offer, the User will be obliged to pay for the Goods.
You must be at least 18 years of age to purchase the Goods.
1.
4.
Copy of these Terms of Sale: We keep a copy of the contract concluded between us (these Terms of Sale) - we recommend that you print these Terms of Sale for evidence purposes.
1.
5.
User rights: Nothing in these Terms of Sale affects the rights of the User who is a consumer with regard to defective or poorly described goods, or the right to withdraw from the contract.
1.
6.
Update of these Terms of Sale: These Terms of Sale were last updated on 07.
01.
2016 (version 004g).
We reserve the right to amend these Terms of Sale at any time (which we will inform about on the website).
Any changes to these Terms of Sale made after the User has placed an order will not apply to such order.
2.
Prices and Purchase
2.
1.
Prices and entity to whom the payment is made: Our company will accept and process the payment for the order made by the User.
All prices (including delivery costs) of the Goods include VAT in the applicable amount.
The prices are communicated to the User before making the purchase and confirming the order.
Prices are subject to change at any time, but these changes will not affect the User's order, except in the circumstances described in point 2.
4 i 2.
5 below.
2.
2.
Shipping costs: The prices listed may or may not include shipping costs.
Any such fees will be specified in the "Terms" of the offer.
If shipping costs are not included in the purchase price, they will be displayed separately and added to the total amount due before the order is finalized.
If we are required to schedule a delivery time with you and you are not available at the agreed time, we may charge you for changing the delivery date.
2.
3.
Placing an order: After placing the order by clicking the "Complete the purchase" button and agreeing to these Terms of Sale, the User will receive an e-mail confirming the acceptance of the order - from that moment the contract between us is considered concluded.
However, we reserve the right to reject the offer and not conclude a contract with the User.
If we have accepted the order, the User will receive another e-mail confirming the shipment of the Goods.
We reserve the right to cancel your order also after we have accepted it, if we have reason to believe that your order is illegal or that you have otherwise breached applicable law when placing your order.
2.
4.
Errors and Mistakes: Occasionally there may be an error or mistake in the price or description of the Good for Sale.
We will use reasonable endeavors to correct such errors or errors as soon as possible after notification or detection.
We reserve the right to change, modify, replace, suspend or remove, without notice, any information relating to the Goods for sale (including the Goods themselves).
2.
5.
Errors and mistakes revealed after the purchase: If there is an error or mistake on our part and the User has already purchased the Goods:
(a) if the actual price of the Goods is lower than the price stated at the time of purchasing the Goods, the User will pay the lower price; or
(b) if the price of the Goods is higher than stated, we will contact you and allow you to pay the correct (higher) price or cancel your order with a full refund.
3.
Delivery of goods
3.
1.
Changing the order: After placing the order, we cannot change its details, including the quantity of the ordered Goods or the delivery address.
This section does not affect your right of withdrawal or any of your rights of return for the transaction in question.
3.
2.
Shipping: Groupon Goods shipping options vary by quote.
It is not possible to ship your purchases outside of Poland.
3.
3.
Estimated delivery date: The estimated delivery date is specified in the "Terms" of the offer.
We will make every effort to meet the deadline.
Unless otherwise stated, the estimated delivery date is only a forecast - it does not constitute a guarantee of the delivery date and therefore should not be taken as a certain date.
3.
4.
Ownership: The ownership of the Goods will be transferred to the User (i.e.
The goods will become the personal property of the User) upon delivery to the address provided by the User.
4.
Withdrawal from the contract
4.
1.
The right of the User to withdraw from the contract: Nothing in these Terms of Sale shall affect the User's right to withdraw from the contract within 14 days from the date of receipt of the Goods by the User or a third party indicated by the User.
In the case of an order covering many Goods or a delivery spread over many batches, the withdrawal period will begin to run only when the User receives the last item or the last batch.
4.
2.
The right to withdraw from the contract may be exercised:
(a) by completing and returning to us the standard withdrawal form that will be attached to the confirmation email;
(b) by contacting us: https://www.groupon.pl/customer_support or info@groupon.pl
(c) by postal mail sent to the address indicated in point 1.
1; the
(d) by handwritten notification.
4.
3.
The Goods should be properly packed to protect them from damage during transport.
The cost of returning the Goods is borne by the User.
We recommend that you send the returned Goods by registered mail.
4.
4.
The right to withdraw from the contract does not apply to the following Goods:
(a) Perishable goods such as food or flowers;
(b) audio / video recordings, DVDs or computer programs removed from the sealed package in which they were delivered;
(c) Custom Made Goods;
(d) magazines or magazines;
(e) lotteries and gambling; and
(f) any Goods that cannot be returned due to their nature, including those which would be damaged in transit.
4.
5.
Return of Goods: In the event of exercising the right to withdraw from the contract, the Goods must be returned to us within 14 days from the date of withdrawal.
4.
6.
Our right of withdrawal: We have the right to withdraw from the contract prior to delivery of the Goods for reasons beyond our reasonable control, including equipment failure or transportation difficulties.
In this case, the User will be immediately informed about this fact.
5.
Return of goods and money
5.
1.
Our Return Policy: Every item we sell is subject to a Return Policy.
In addition to the right to return the Goods, within 14 days from the date of its receipt by the User or a designated third party, the User has all applicable rights regarding the return of a new or refurbished Good, including in the event of delivery of incorrect or defective goods.
5.
2.
Ownership of the returned Goods: We take ownership of the returned Goods upon delivery to the address indicated by us.
We reserve the right to issue a refund without requesting a return.
In this case, we do not take ownership of the Goods in question.
5.
3.
Problems with the returned Goods: We reserve the right to refuse to refund the money and to charge the User with the costs of return shipping in the event that the Goods have been damaged after their delivery to the User; improperly exploited; or used otherwise than in accordance with the instructions or for the purpose of checking; or if the feature of the Good indicated as the reason for return is the result of normal wear and tear.
This point 5.
3 does not limit the right of the User to withdraw from the contract and return the goods under point 4 or the rights in force in the event of the delivery of incorrect or defective goods, nor does it affect such rights.
6.
Information about the goods
6.
1.
We are not the producer: We are not the producer of the Goods we sell.
Although we try to make the Goods conform to the description, of satisfactory quality and usable, there may be slight discrepancies between the Goods and their description.
Before using the Product, we encourage you to read all labels, warnings and recommendations attached to it.
Any guarantees issued by us, by the manufacturer or the importer, do not affect the rights and claims under the contract.
6.
2.
Accuracy of descriptions: We make every reasonable effort to reflect the colors and other details of the Goods as faithfully as possible.
The colors and details visible in advertising materials, however, depend on the device used to view the Goods.
We cannot guarantee that the colors or other details displayed on the TV screen, mobile device, computer monitor or other device will accurately reflect the color and details of the delivered Goods.
6.
3.
Medicinal products and safety: In case of any doubts or in order to obtain additional information about the product, we recommend that you read the information accompanying the product carefully or contact the manufacturer.
The content of the website should not be construed as an alternative to the advice of a physician, pharmacist or other licensed healthcare professional.
Clients should contact their physician immediately if they suspect any medical condition.
The information and statements relating to the Goods are not intended to diagnose a disease or health condition, or to treat or prevent a disease or health condition.
We do not accept any responsibility for inaccuracies or erroneous statements regarding the Goods on the part of the manufacturer or other third parties.
7.
Responsibility
7.
1.
Our Standards of Business Conduct: We always strive to operate in the best possible manner and declare that:
(a) we will use our skills to the greatest possible extent and will exercise due diligence in performing our obligations under these Terms of Sale;
(b) we have the right to sell the Goods;
(c) Goods are sold for private and domestic use only;
(d) The goods are of satisfactory quality and compatible with their intended use, and in addition
(e) we do not breach the requirements of professional diligence in our actions.
7.
2.
This clause 7 takes precedence over all other clauses (except clause 1.
5) and determines the entire scope of our Liability.
7.
3.
What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for (i) fraud; (ii) serious misconduct on our part, excluding serious misconduct by others; or under (iii) Liability that cannot be excluded or limited under applicable law.
The user is obliged to take adequate measures to prevent the damage or reduce its size.
7.
4.
Loss categories for which we are not responsible: Subject to point 0, due to the fact that we only sell the Goods for domestic and private use, we are generally not liable for the following categories of losses: (a) loss of income; (b) loss of actual or expected profit; (c) loss of business; and (d) indirect or consequential losses (to avoid confusion, we understand the term "secondary losses" as "secondary losses if they are foreseeable, known, foreseen, etc.").
7.
5. „
Liability "means liability for all legal grounds (including breach of contract, tort, misrepresentation, restitution or otherwise) relating to or arising from or related to these Terms of Sale (including liability expressly set out in these Terms of Sale or resulting from the invalidity or inability to enforce any provisions of these Terms of Sale).
8.
General provisions
8.
1.
Interpretation: For the purposes of these Terms of Sale:
(a) the words denoting persons refer to natural persons, partnerships, partnerships in which the liability of at least one of the partners is limited, legal persons and collective entities without legal personality;
(b) point headings, e.g. ("
8.
General provisions "at the beginning of this section) and section titles (e.g."
Interpretation: ”at the beginning of this point 8.
1) are provided for reference purposes only and do not in any way affect the interpretation of the provisions of these Terms of Sale; and
(c) the term "including" shall be understood to mean "including but not limited to", "including without limitation".
8.
2.
No Articles of Association / No Power of Attorney: Nothing in these Terms of Sale shall be construed as establishing a joint venture relationship, partnership agreement or granting a power of attorney between the User and us.
Neither party has the right or the authority to assume any obligations, incur debts or costs, or enter into any contract on behalf of the other party.
8.
3.
Assignment: You may not assign, transfer or otherwise assign any rights or obligations under these Terms of Sale without our prior written consent.
We will not refuse such consent without due justification.
We reserve the right to assign or transfer to any person all or part of our rights or obligations under these Terms of Sale.
8.
4.
Events beyond our reasonable control: We will not be responsible for your failure to comply with any provision of this Agreement if our obligations were made difficult or impossible for reasons beyond our reasonable control.
In the event of an event that has prevented us from complying with our obligations under these Terms of Sale, we will be obliged to do so for the duration of such an event, which we will inform you of as soon as possible.
After the end of the event, we will agree with the User on a new delivery date for the Goods, if possible.
8.
5.
What we rely on: With regard to the sale of the Goods to you, our premise is that we rely solely on the written provisions of these Terms of Sale and not on representations made by other means.
8.
6.
No waiver: Any waiver of our rights by us as a result of your breach of these Terms of Sale will not have the effect of, or shall be construed as, a waiver of any right that we may have as a result of such breach in the future, regardless of nature. violations.
Any delay on our part in taking action that we may take as a result of your breach of these Terms of Sale will not relieve you, release or otherwise affect your liability under these Terms of Sale.
8.
7.
Statements: Unless otherwise stated in these Terms of Sale, representations made to the parties must be in writing and must be delivered personally, electronically (except when the User sends us a statement in connection with taking legal action) or sent by postal mail. paid by the sender to the address provided by the User or to us to the address of our registered office.
8.
8.
No third party rights: All provisions of these Terms of Sale apply to the same extent and to the benefit of Groupon Goods, its subsidiaries, Groupon Goods holding companies, its (or affiliated) companies and its (or their) third party suppliers. content and licensors.
Each of the listed entities has the right to assert and enforce these provisions directly or on their own behalf (provided that these Terms of Sale may be changed or canceled without the consent of the entities mentioned herein).
Subject to the preceding sentence, none of the provisions of these Terms of Sale may be enforced by other entities not being a party to these Terms.
8.
9.
Upholding of legal force: Regardless of the circumstances, the provisions of paragraphs 1, 2, 4, 7 and 8 of these Terms of Sale, including provisions that are expressly marked as applicable after or after these Terms of Sale have expired, and whose nature or context indicates that they will also apply after these Terms of Sale have expired, they will also apply after the termination of the Agreement.
8.
10.
Severability clause: If any provision of these Terms of Sale is found to be illegal, invalid or unenforceable, it will be removed from the Terms of Sale, without affecting the validity of the remaining provisions.
The validity and enforceability of the remaining provisions of the Terms of Sale will remain unchanged.
8.
11.
Governing Law and Dispute Resolution: We will use our best efforts to resolve any disputes in connection with these Terms of Sale.
If the User intends to bring an action against us, these Terms of Sale (including all non-contractual relations between us and the User) shall be governed by the provisions of Polish law and shall be interpreted in accordance with this law.
Both parties hereby submit to the exclusive jurisdiction of the competent courts in Poland.
The parties agree that the provisions of the United Nations Convention on the International Sale of Goods do not apply to this transaction.
9.
Customer service
Contact details:
Contact by e-mail or chat with the Customer Service Department
Groupon International Travel Gmbh Coupon Sale Terms and Conditions
1.
General information
1.
1 These Terms of Sale apply to any Coupon purchased from Groupon.
1.
2 Groupon means Groupon International Travel GmbH, a company incorporated under Swiss law, registered in Switzerland, with its registered office at c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Switzerland.
Groupon's registration number is: CH-180.
110.
104, and NIP number: CHE-349.
386.
564.
1.
3 Coupon means an instrument, in physical or electronic form, entitling the holder of the Coupon (hereinafter referred to as the "Coupon Holder") to: receive the Partner's Offer from the Partner, or within the time specified on the Coupon (hereinafter referred to as the "Fulfillment Date").
1.
4 Partner Offer means goods or services provided to the Coupon Holder by the Partner in accordance with the terms and conditions provided on the Groupon Portal and on the Coupon.
1.
5 A Affiliate is a third party unrelated to Groupon that sells or delivers a Affiliate Offering.
Groupon does not sell or deliver a Partner Offering.
Groupon only sells and delivers Coupons.
1.
6 These Terms of Sale were last updated on 27.
06.
2017.
Groupon reserves the right to unilaterally amend these Terms of Sale at any time.
Any changes to these Terms of Sale will be published online.
The only valid version for the User is the version of the Terms of Sale that the User agreed to when purchasing the Coupon.
2.
Purchase of the Coupon
2.
1 The coupon can only be purchased by persons over 18 years of age.
You must register and create an account on the Groupon International Limited Portal prior to purchasing.
2.
2 Clicking on the "Complete Purchase" button will send an offer to purchase the Coupon to Groupon.
However, the transaction will not be successfully completed until an email has been received from Groupon confirming the acceptance of your offer.
Groupon expressly reserves the right to decline your offer.
In addition, even if Groupon has accepted the offer, it may withdraw from the contract at any time if it reasonably suspects that you have committed or may be committing fraud against Groupon, a third party affiliate of Groupon or the Partner.
2.
3 The Partner may use its own terms of sale, delivery or the terms of delivery of the Partner's Offers.
3.
Coupon Redemption
3.
1 Unless expressly stated otherwise:
(a) the Coupon can only be redeemed once;
(b) The Voucher can only be redeemed at the Affiliate and not at Groupon's premises;
(c) The Coupon is valid for one person only; and
(d) when redeeming a Coupon with a Partner, please follow the instructions related to the Coupon.
3.
2 In order to redeem the Coupon, it must be presented to the Partner within the Fulfillment Date.
A coupon not redeemed within the Redemption Date will automatically expire.
An expired coupon cannot be redeemed.
3.
3 If a Merchant Offer on the Groupon Portal is a Simultaneous Order Offer, Groupon will collect your shipping details at the time of purchase.
Groupon will then pass the data on to the Affiliate on your behalf.
The Partner will consider the application for the redemption of the Coupon and send you the Partner's Offer.
3.
4 Unless expressly stated otherwise, the Coupon does not entitle the Coupon Holder to receive the Partner's Offer within a specified period of time.
We suggest that you contact the Partner as soon as possible to agree on a convenient date for the delivery of goods or services covered by the Partner's Offer.
Groupon has no control over the delivery of the goods or the performance of the services covered by the Partner's Offer.
3.
5 If the Coupon is exchanged for goods or services not included in the Partner's Offer, you are not entitled to a credit, cashback or a new Coupon for the difference between the value of the Partner's Offer and the actual value of the goods or services provided or provided to you by the Partner.
3.
6 Coupons can only be redeemed in full.
If for any reason a Coupon redeemed at a Partner is exchanged for goods / services with a value less than the original (no discount) value of the Partner's Offer, you will not be entitled to a credit, cashback or a new Coupon for the difference between the original (no discount) value and the value of the goods / services for which the Coupon was exchanged.
3.
7 Groupon may collect booking fees or other costs related to the purchase or redemption of a Coupon on behalf of a Partner.
Any such costs (if any) will be communicated to you prior to purchasing the Coupon.
3.
8 If, due to unforeseen circumstances, a Affiliate is unable to deliver a Affiliate Offer as described, Groupon will promptly notify you by e-mail.
Groupon will offer you a new coupon with comparable benefits (if such a coupon is available) or a refund of the price of the Coupon.
4.
Coupon Use
4.
1 The Coupon may only be purchased for personal, non-commercial use (the Coupon may be transferred to another person for their personal, non-commercial use).
It is forbidden to duplicate the Coupons.
Professional trading with Coupons is prohibited.
4.
2 You are solely responsible for the Coupon.
Neither Groupon nor the Affiliate is responsible for lost or stolen Coupons or for the retrieval of listing numbers or security codes.
4.
3 You undertake not to provide false information, including false names, address details or contact details, or payment details; You also undertake not to take any unlawful actions regarding the purchase or use of the Coupon, as well as not to allow such actions by other persons.
4.
4 Any attempt to redeem a Voucher contrary to the Terms of Sale may result in the Voucher being void at Groupon's discretion.
5.
Cancellations (and Exceptions), Refunds, and Issues
5.
1 You have the statutory right to withdraw from the coupon purchase contract within 14 calendar days from the date of receipt of the confirmation by e-mail (hereinafter referred to as the "withdrawal date from the coupon purchase contract").
However, by redeeming the Coupon within the Term in which you have the right to withdraw from the Coupon purchase contract, you expressly order the commencement of the provision of services within that period and you acknowledge that you waive the right to withdraw from the Coupon purchase contract.
As Groupon is not responsible for delivering the Partner Offer, you are not entitled to a refund (in whole or in part) once a Voucher is redeemed.
For the avoidance of doubt, this point also applies to all offers where an order is placed at the same time.
5.
2 The right to withdraw from the Coupon purchase agreement may be exercised as follows:
5.
2.
1 by completing and sending the form
5.
2.
2 by e-mail or chat with the Customer Service Department;
5.
2.
3 by sending a letter to the address specified in section 1.
2.
5.
3 If you withdraw from the Voucher purchase agreement in accordance with clause 5, Groupon will refund all payments made under the purchase within 14 calendar days from the date Groupon is notified of the withdrawal.
5.
4 If you have redeemed a Coupon but the Partner has not delivered the Partner's Offer in accordance with the order, or if you have objections to the delivery of the Partner's Offer, claims must be made directly to the Partner.
This is because the Affiliate, not Groupon, is responsible for delivering the Affiliate Offer.
Groupon only sells and delivers Coupons.
However, if you and your Partner fail to reach an agreement on your concerns, Groupon may, upon your request, help resolve any dispute that arises between you and the Partner.
5.
5 Unless otherwise expressly made to Groupon, any refunds will be made through the original payment method.
If the original payment method has been canceled, expired or changed otherwise, please inform the Customer Service Department immediately at https://www.groupon.pl/customer_support.
If you do not provide the appropriate statement and the refund is made using the original payment method, you may need to contact your bank or payment service provider to obtain a refund.
Groupon will not process more than one refund.
5.
6 Returns can be refused within 30 days of receipt.
If the refund is not refused within 30 days, it will constitute the full and final settlement of all claims against Groupon in relation to, in or in connection with the Coupon.
6.
Responsibility for the Partner's Offer
6.
1 Please note that the Affiliate, and not Groupon, is:
6.
1.
1 the seller or supplier of the Partner's Offer;
6.
1.
2 the party that concludes the contract with the Coupon Holder in the event of its implementation; and
6.
1.
3 the sole entity responsible for delivering the Partner's Offer to the Coupon Holder and for the Partner's Offer itself.
7.
Groupon's Standards of Service and Liability
7.
1 Groupon represents that:
7.
1.
1 will make every effort to perform its obligations under these Terms of Sale;
7.
1.
2 Coupons are of satisfactory quality and suitable for the purpose for which they were created; and
7.
1.
3 shall not breach the requirements of honesty and professional diligence with regard to the services it provides.
7.
2 Groupon will always be responsible for: (a) death or personal injury caused by its negligence / gross negligence; (b) fraud or fraudulent misrepresentation by Groupon; or (c) any implied contract term that is not excluded or limited under applicable law.
7.
3 Except as provided in section 7.
2 Groupon will not be liable in any way for any other loss or damage suffered, including any indirect or consequential loss.
7.
4 Groupon does not guarantee the completeness, usefulness or legality of the Partner's Offering.
Groupon is not responsible for the quality, safety, usability or other characteristics of the Merchant Offering.
7.
5 Groupon will not be liable for any breach of an obligation under these Terms of Sale if the fulfillment of that obligation has been made impossible or difficult for reasons beyond its control.
7.
6 Except for the liability under clause 7.
2, which is unlimited, Groupon's total liability to you will not, in any circumstances, exceed 100% of the Coupon price.
7.
7 The laws of some countries do not allow some or all of the exclusions or limitations set out in Section 7.
If you are subject to such laws, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.
8.
Portal Groupon
Groupon Portal (the "Portal") means the website, mobile applications, electronic communications or services, or any location where a Coupon may be purchased from Groupon.
The website on which Groupon offers Coupons is the property of Groupon International Limited.
For more information on the Groupon International Limited Terms of Use, which are expressly incorporated into these Terms of Sale, please click here.
9.
Miscellaneous
9.
1 If you breach these Terms of Sale and Groupon takes no action against you, this does not mean Groupon waives any rights and remedies relating to the breach.
Groupon retains the right to take action or exercise any right or remedy in respect of any breach or any breach of its obligations under these Terms of Sale.
9.
2 Except as expressly provided in these Terms of Sale, any representations between the parties must be made in writing and delivered by email (except for the representation sent to Groupon in connection with taking legal action) or postage prepaid by the sender.
Groupon will send all notices to the address you provided when registering your Groupon account.
Any statements made to Groupon may be sent to the corporate address specified in section 1.
2.
9.
3 If any provision of these Terms of Sale is held invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
The provisions of these Terms of Sale, which have been found invalid or unenforceable, will be replaced by such valid and enforceable provisions that will ensure the achievement of an economic result closest to that provided by the provisions considered invalid or unenforceable.
9.
4 These Terms of Sale are subject to the provisions of the law in force in Poland and should be interpreted in accordance with them, excluding the provisions of private international law.
All disputes will be subject to the exclusive jurisdiction of the competent courts in Poland.
Groupon International Travel GmbH Booking Conditions of Sale
1.
Basic information about these terms
1.
1.
Groupon International Travel GmbH: Groupon International Travel GmbH is a company registered in Switzerland with the number CHE-180-110.
104 with its registered office at c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Switzerland (hereinafter referred to as "Groupon Travel", "us", "we", "our", etc.), and NIP number: CHE-349.
386.
564.
Groupon Travel has travel insurance to cover all damages and losses incurred by customers.
Groupon Travel has a bank guarantee issued by Deutsche Bank.
1.
2.
Groupon Travel and Service Providers: We act as agents on behalf of a Service Provider.
It is the Service Provider (or, in some cases, the Service Provider's intermediary) that is legally responsible for providing you with Accommodation.
If we act as agents, we are not legally responsible for your Accommodation, unless it is our fault or mandatory legal provisions.
1.
3.
What are these terms?
Please read these terms carefully as they apply to the use of the Services, the Booking Calendar, making a reservation and the Purchase of Accommodation (or other).
These terms and conditions are a legal document which constitutes a contract ("Agreement") between you and Groupon Travel.
Service providers have their own applicable terms.
This Agreement is subject to all applicable Service Provider's terms and conditions, and by making a Reservation, you accept them.
If there are inconsistencies between this Agreement and the Service Provider's terms, the Service Provider's terms shall prevail.
1.
4.
This Agreement: By using the Booking Calendar, you are accepting this Agreement and entering into it with us under the terms and conditions as set out in it.
1.
5.
Your statutory rights: Nothing in this Agreement may affect your non-exempt statutory rights as a customer.
1.
6.
Updates to this Agreement: This Agreement was last updated on 27.
06.
2017.
We reserve the right to amend this Agreement (which we post on the website) at any time.
Any amendments to this Agreement after you have made a Reservation do not apply to you in relation to this Accommodation.
1.
7.
Definitions: This Agreement covers various defined terms.
You will recognize them because they start with a capital letter.
The terms are defined in this Agreement and in Section 13 of this Agreement.
2.
Your obligations under this agreement
2.
1.
Lower age limit: Only persons over 18 years of age may make Reservations and Purchase of Accommodation.
You are confirming your legal age by making a Reservation or Purchase of Accommodation.
2.
2.
Accuracy and Disclosure of Information: You understand and agree that Groupon Travel and the Service Provider reserve the right to cancel your Accommodation at any time due to your failure to provide relevant information (i.e. name, address, telephone number, information necessary to issue invoice) relating to you or the persons for whom you are making the Reservation of such Accommodation.
In such event, you may be charged for such cancellation.
You guarantee that:
2.
2.
1.
all information you provide to us arising out of or in connection with this Agreement is true, complete and accurate;
2.
2.
2.
you will promptly inform us of any changes related to the accuracy of the information you provided to us;
2.
2.
3.
you assume responsibility for disclosing any information about yourself or about other persons for whom you are making a Reservation that may affect your (or those persons') ability to travel, for example, criminal offenses or previous deportations from the countries to which you are staying travel and
2.
2.
4.
if you or the persons for whom you are making the Booking plan to travel to an area of ​​jurisdiction (including the United States) where a criminal record is required and you or the persons for whom you are making the Booking have been subject to criminal penalties, including traffic violations, you will inform about the existence of such circumstances at the time of making the Booking.
2.
2.
5.
you are aware of all the rules for crossing the border of the country to which you are traveling in the field of: passport requirements, two blank pages in the passport, 3-month validity, criminal record certificate, visa, vaccinations, administrative and sanitary restrictions.
Groupon Travel is not responsible for restrictions on access to a given territory, unless such liability is due to our fault.
2.
3.
Making a Booking for other people: If you are making a Booking for other people, you represent that you are authorized to make such a Booking on behalf of those people and that all persons in the Booking (or their personal representatives) agree to be bound by this Agreement.
2.
4.
Behavior: You undertake to behave in a manner that does not expose others to annoyance, anxiety or danger and / or not causing damage to property while using your Accommodation.
If, in the period between departure and return, you (or the persons for whom you are making the Reservation are) arrested or prevented from further travel, or you are removed from the Accommodation by the Service Provider's decision, we will not reimburse you on his behalf any part of the costs incurred in connection with the Accommodation that you may not use due to your behavior (or the behavior of the persons for whom you are making the Reservation).
You consent, in accordance with this Agreement, to compensate us for losses, liabilities or costs incurred as a result of any claims or legal proceedings that have been brought or may be brought against us by any person in connection with your conduct, if such claims result from your guilt.
2.
5.
Fraud: If we or the Service Provider become aware of, or become aware of, potential or actual fraud or illegal activity in relation to any payment related to an Accommodation, we reserve the right to cancel your Accommodation at our discretion and immediately.
In such event, you may be charged for such cancellation.
Such cancellation will be without prejudice to any rights we have against you.
3.
Travel Products Agreement
3.
1.
The Service Provider is legally responsible for the provision of the Accommodation (however, we remain responsible for compliance with the terms of this Agreement and applicable law).
Where applicable, we will inform you of the Service Provider's terms and conditions relating to your Accommodation.
By making your Purchase, you acknowledge that you understand and accept that you are responsible for following the instructions and terms of each Service Provider.
3.
2.
Accommodation: If you make a Reservation through us, a contract for the supply of Accommodation will be made between you and the Service Provider.
4.
Booking of travel products
4.
1.
Reservation: In case of availability, you can make a Reservation:
4.
1.
1.
on the Internet, through the Groupon International Limited Website or any other Website through which we provide Accommodation.
4.
2.
Making a Reservation: To make an Online Reservation, select Accommodation via the Reservation Calendar, room type and travel dates, click the "Book" button, enter your payment information, e-mail address and other details and click the "Complete Order" button.
After these steps, the Booking will be made and you will receive an e-mail notification of the Booking.
The confirmation email contains all relevant Accommodation details.
4.
3.
Checking the Booking Confirmation: Please carefully check the details in your Booking Confirmation after receiving it.
If you notice any inconsistencies between your Booking and the Booking confirmation email, or if you have not received this email, please contact Customer Service immediately.
5.
Prices
5.
1.
Who Are You Paying: All payments you make for the Accommodation will be sent to Groupon Travel.
After confirming the payment, your Reservation will be accepted and you will receive an email confirming the Reservation.
5.
2.
Final Price: We reserve the right to change the prices of the Accommodation prior to Booking in accordance with the Service Provider's terms and conditions.
You will be informed in detail of the current price of the Accommodation prior to making a Reservation.
These prices may differ from the prices originally communicated to you.
5.
3.
Reservation Fees: If you choose to pay by credit card or American Express, a confirmed Reservation may be charged a processing fee.
No additional fees will be charged in the case of payments for Purchases made with debit cards, including in the "solo" and "switch" systems.
All applicable fees will be communicated to you prior to booking.
5.
4.
Taxes: In some countries, local authorities may impose taxes, levies, import duties, duties, surcharges and other charges (collectively, "taxes").
The applicable taxes for the Booking will be clearly indicated in small print in the Service Provider's terms and conditions.
The final price includes all applicable taxes.
Note: It is your sole responsibility to pay any such taxes.
5.
5.
Extras: Please be advised that while using your Accommodation, you may be able to purchase additional services.
Such additional services include, but are not limited to, meals and internet access in the hotel, etc. ("
Additional services").
If such Additional Services are not purchased as part of the Accommodation via the Booking Calendar, payment for them is your financial obligation to the Service Provider and Groupon Travel is not responsible or liable for the provision of such Additional Services, their standard or your use of them. for them in no other way.
5.
6.
Changes to Accommodation Prices after a Reservation has been made: Groupon Travel will not change the price of the Accommodation in accordance with Clause 6.
5.
7.
Refunds: If you receive a refund of all or part of the cost, we will give you a refund using the same payment method you used when making the payment.
5.
8.
Currency: We will specify the exact price exactly in the currency in which you will be charged.
Accommodation prices in other currencies are indicative only.
Groupon Travel is not responsible for price changes in other currencies as these may be due to the exchange rate used by your bank.
You are responsible for verifying the exchange rate on your own.
6.
Changes and Cancellation
6.
1.
If you change your Accommodation
6.
1.
1.
Groupon Travel is unable to change the following information: check-in and check-out dates, travel duration and room type.
Only the name and surname of the traveler can be changed.
This can be done by contacting our Customer Service Department.
It is our final decision to make such changes.
If you wish to change your name and surname in your Accommodation and Groupon Travel agrees, you will be charged the appropriate costs.
You will be fully informed of the amount of such costs before making any changes.
If you wish to make changes to the Accommodation other than the name of the traveler, you can cancel the Accommodation (as per point 6.
2 below) and re-Book if it is still available.
6.
1.
2.
The provisions of point 6.
1 do not in any way limit your statutory rights.
6.
2.
In the event of your cancellation of your Accommodation
6.
2.
1.
You can cancel your Accommodation at any time prior to check-in by contacting Customer Service.
As we incur costs in connection with your cancellation of your Accommodation, you will need to pay the relevant cancellation fee.
Such fees may also be imposed by Service Providers.
We will inform you of all cancellation charges at the time you make your Booking or after we receive your cancellation request.
In most cases, you can cancel your Accommodation without paying a cancellation fee no later than fifteen (15) days prior to check-in.
If the terms of the insurance policy include the reason you provided for cancellation, you may be eligible for a refund of the cancellation fee under that policy.
6.
2.
2.
Please note that in some cases the cancellation fee is equal to the value of the entire Accommodation.
In this case, cancellation may result in no refund.
If the cancellation is your fault or your informed decision, then we have the right to retain as much of your payment as we need to cover, to a reasonable extent, our costs of canceling the Accommodation with the Service Provider.
6.
3.
In the event of a change of Accommodation by us or the Service Provider
6.
3.
1.
From time to time the Service Provider will have to make a Material or Non-material change to your Accommodation.
We will notify you of such changes whenever possible by sending you an updated Booking Confirmation detailing the current Accommodation.
In the event that the Service Provider makes a Material or Non-Material change, you can cancel your Accommodation free of charge and you will also receive a full refund.
You may also choose to use a substitute Accommodation if it is offered by the Service Provider.
We are not responsible for such changes as we are not a Service Provider, unless such Material or Non-Material change is our fault.
6.
4.
In the event that we or our Service Provider change your Accommodation, Groupon Travel reserves the right to cancel the Accommodation for any reason if the cancellation is due to a Force Majeure event.
In this case, we will refund your payment less the costs incurred by us or the Service Provider in connection with the Booking.
6.
5.
Failure to show up at the Accommodation without prior notice will be considered a cancellation.
7.
Service delivery standards
7.
1.
Groupon Travel ensures that:
7.
1.
1.
make the best possible use of his skills and care for the performance of his obligations under this Agreement;
7.
1.
2.
is authorized to provide the Services offered on authorized websites and
7.
1.
3.
will not violate the requirements of professional diligence in its actions.
8.
Limitation of Liability
8.
1.
Limitation of Liability: Clause 8 overrides all other clauses in this Agreement and sets out Groupon Travel's entire liability in relation to:
8.
1.
1.
compliance with, non-compliance with, implied or delayed compliance with the terms of this Agreement, or the supply, non-delivery, presumed or delayed provision of Services or Accommodation (or any part thereof); or
8.
1.
2.
other aspects related to this Agreement, its conclusion and compliance with its provisions.
8.
2.
No Responsibility for Accommodation from a Service Provider if we are acting as its agents: If we are acting as agents of Service Providers, it is our responsibility to select them with all due care and skill.
Where (i) we have exercised due care and skill in selecting Service Providers, and (ii) where permitted by law, we are not responsible for providing you with Accommodation or for any acts or omissions on the part of the Service Provider, unless such acts or omissions are due to our fault.
This is because the legal contract is between you and the Service Provider and the legal responsibility for providing the Accommodation lies with the Provider (and not Groupon Travel).
8.
3.
When we are not responsible: We are not responsible for failure to comply with the terms of the Agreement, if it is not our fault, but: 8.
3.
1.
is due to reasons on your side; 8.
3.
2.
results from reasons attributable to the Service Provider; 8.
3.
3.
results from reasons related to the negligence of third parties not related to the provision of Accommodation or is the result of a Force Majeure event; or 8.
3.
4.
is the result of a Force Majeure event that prevents us from carrying out activities in accordance with this Agreement.
8.
4.
Limitation of liability in connection with Accommodation: We exclude and limit our liability for all obligations related to the Accommodation that may be considered unacceptable under the law, in particular if such obligation is not our fault.
We are not responsible for: 8.
4.
1.
loss of income; 8.
4.
2.
loss of actual or anticipated profits; 8.
4.
3.
loss of contracts; 8.
4.
4.
loss of use of money; 8.
4.
5.
loss of potential savings; 8.
4.
6.
loss of business; 8.
4.
7.
loss of opportunities; 8.
4.
8.
loss of goodwill; 8.
4.
9.
loss of reputation; 8.
4.
10.
loss, destruction or corruption of data; and 8.
4.
11.
indirect and consequential loss.
We understand the term "secondary loss" as "secondary losses when they are foreseeable, known, foreseen, etc."
8.
5.
Total limit: If we are held liable, this liability shall be limited to a maximum of three times the cost of your Accommodation, unless the liability is attributable to us.
8.
6.
International Conventions: Groupon Travel's liability is also limited in accordance with the provisions of the relevant international conventions, e.g.
Paris Convention (in relation to the provision of accommodation), which limits the amount of compensation that can be claimed for death, personal injury and damage.
8.
6.
1.
This Agreement informs you as fully as possible about all the benefits of limitation of compensation contained in the aforementioned and other applicable conventions.
9.
Complaints
9.
1.
Complaints: In the event of any problems with your Accommodation, please inform your Service Provider (e.g.
resort representative, hotel manager, etc.).
If your complaint is not dealt with on site, please contact our Customer Service Department.
We will use all possible means to provide immediate assistance to the extent permitted by our capabilities.
9.
1.
1.
If your complaint remains pending after informing the Service Provider and making a telephone call to Groupon Travel (at the above number), you must file a complaint in writing to: Groupon Travel International GmbH, c / o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Suisse, stating the reservation number and any relevant information we may ask for in connection with the Accommodation, so that you can be identified.
This is a special address that we use to handle travel complaints.
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Data protection
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Privacy Practices: By making a Reservation or Purchase of Accommodation through Groupon Travel, you consent to us collecting, processing and using information about you in accordance with the provisions of the Privacy Policy.
Our Services are provided by Groupon International Limited in accordance with the Terms of Use, Privacy Policy and Cookie Policy.
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Useful information
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Requirements for
Passports: A valid passport (valid for at least six (6) months after the end of the stay is required for each Accommodation).
You are solely responsible for your passport and visa requirements and other immigration requirements.
Please consult the relevant embassy and / or consulate before traveling.
We will not be responsible if your travel is prevented due to non-compliance with visa, passport and other immigration requirements, or due to the lack of appropriate vaccination certificates.
Citizens of the European Union countries need a valid ID card to travel within the territory of the European Union.
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2.
Information on
Health: Depending on Accommodation, specific health services may apply to your trip.
We recommend that you consult a travel specialist at least eight (8) weeks prior to travel.
health professionals (whether they are a GP, nurse, pharmacist, or a travel research clinic).
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3.
Travel Insurance: It is extremely important and advisable that you have travel insurance covering the entire period of the Accommodation and all aspects that may be related to it.
This gives you a guarantee that you are financially secure in the event that you have to cancel your trip for some reasons.
The amount of insurance required depends on the specific Accommodation.
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Legal information
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Interpretation: In this Agreement:
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1.
words for persons refer to natural persons, companies, limited liability companies, corporate entities and unincorporated associations;
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2.
headers (e.g. "
12.
Legal Information ”at the beginning of this section) is provided for reference only and does not in any way affect the interpretation of this Agreement;
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3.
paragraph headings (e.g.
Interpretation: ”at the beginning of this section 12.
1) are intended to facilitate the interpretation of the fragments in which they appear and
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4.
the term "including" is understood to mean "including, but not limited to," "including without limitation."
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2.
Non-waiver: If we fail to induce you to comply with their obligations under this Agreement, fail to enforce our rights against you, or delay such enforcement against you, this does not constitute a waiver of any rights against you, nor does it mean that you do not have to comply with these rights. duties.
If we waive our rights due to your failure to fulfill their obligations, such waiver will only be in writing and will not mean that we will waive our rights also for future failure by you to perform their obligations.
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Notices: Unless otherwise specified in this Agreement, notices to the Parties must be in writing and delivered personally in electronic form (except when you send Groupon Travel a notice for legal action or make a complaint under Clause 9.
1.
1) or sent by post to you to the address provided in the Booking, and to Groupon Travel to the address of the registered office.
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4.
Upholding: Sections 1, 2, 3, 8, 9, 10, 12 and 13 of this Agreement, including those expressly marked as applicable after termination or termination of the Agreement and which, in their nature, will be effective after termination, shall apply. also after the termination of the Agreement.
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Termination: If any provision of this Agreement is found to be illegal, invalid or unenforceable, it will be deemed severable and the validity and enforceability of the remaining provisions of the Agreement remain unaffected.
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Non-partnership / partnership: Nothing in this Agreement should be construed as establishing a joint venture, partnership or partnership relationship between Groupon Travel and you.
Neither party has the right or the authority to assume any obligations, incur debts or costs, or enter into any contract on behalf of the other party.
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No Additional Terms: Except as expressly provided in this Agreement, all warranties, conditions and other terms, whether imposed by law, common law or otherwise, are hereby voided to the fullest extent permitted by law.
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Assignment: An assignment is a transfer of your rights under this Agreement (e.g.
the right to receive compensation, if any).
The parties may not assign, transfer, pledge, encumber, subordinate, create a trust or otherwise trade in all or part of any rights or obligations under this Agreement.
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9.
Entire Agreement: This Agreement (and the Terms of Use, Privacy Policy, Groupon International Limited Cookies Policy and Groupon Travel Privacy Policy contain all the terms agreed by the Parties with respect to the subject matter of the Agreement and supersedes and cancels previous agreements and understandings between the parties, both verbally and and in writing.
No representations, commitments, or promises may be made, made or entered into in relation to information expressed or written during the negotiations of the Parties prior to the conclusion of this Agreement, except as expressly provided in this Agreement.
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Applicable law and jurisdiction: This Agreement (and all rights and obligations not governed by the Agreement, but arising therefrom or in force in connection with its conclusion) are governed by and comply with the provisions of law in force in Poland (with the exception of provisions resulting in a conflict of law or rules (whether applicable in Poland or other jurisdictions) that could result in the application of laws of any other jurisdiction.
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DEFINITIONS
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Accommodation means the accommodation of persons in buildings, including hotels, apartments, holiday homes, villas and houses.
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2.
Agreement means sections of this Agreement (and includes any other agreements and terms expressly set forth therein).
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3.
Reservation means making an offer to Purchase Accommodation (the definition includes the terms "Reserve", "Reserved", etc.).
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4.
Booking Calendar means an application that allows customers to specify the type of accommodation and departure dates.
The booking calendar also includes information on Accommodation prices.
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5.
Force Majeure means an event that is beyond the control of Groupon Travel and the Service Provider and that could not have been avoided by appropriate efforts, including but not limited to: random event, war, riot, raid, foreign enemy action, warfare, civil war , rebellion, revolution, fire, explosion, failure of municipal utilities, riots, lightning, flood, hurricane, earthquake, storm, tornado, acts of terrorism and sabotage, restrictive laws and governmental regulations, strike and occupational strike, labor disputes and other difficulties labor, riots, ionizing radiation or radioactive contamination from nuclear fuel or other radioactivity source, toxic, explosive or other hazardous properties of nuclear facilities or nuclear components, epidemic, natural disaster and severe weather conditions.
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6.
Groupon International Limited Site means the sites offered and operated by Groupon International Limited or an authorized Groupon entity through which Groupon Travel Services are made available, as may be changed from time to time.
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7.
A major change means a change to your Accommodation, both before and after your departure, which includes a change to: the center where you are staying, to a lower category and / or lower price accommodation, etc.
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A non-material change means a change to the Accommodation, both before and after your departure, which includes the change to another Accommodation of the same standard.
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Purchase means Groupon Travel accepts your Reservation and the customer processes your purchase of the Accommodation from the Service Provider.
The definition also includes the term "Purchased" etc.
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Services are services provided by Groupon Travel to customers pursuant to this Agreement, including but not limited to acting as an agent on behalf of Service Providers to provide Booking Accommodation, processing the sale of Accommodation, and providing customer service related services.
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Service Provider means the provider of Accommodation services made available for Reservation and Purchase under Groupon Travel services.
The service provider is the independent party bearing the financial risk and responsible for providing you with Accommodation, unless we are responsible for such obligation.