Terms of use
TERMS AND CONDITIONS – CONSOLIDATED VERSION
Terms and Conditions of Use of the Portal • Terms and Conditions for Booking and Sale of Services • Terms and Conditions for the Sale of Electronic Vouchers
Basic Terms Used in All Terms and Conditions
Portal Operator: Cargo & Travel Agency Jan Korsak, operating under the Polonia Medica brand, address: ul. Św. Rocha 31, 42-202 Częstochowa, Poland, Tax Identification Number (NIP): 573-020-53-78, REGON: 002762783, e-mail: kontakt@poloniamedica.com, tel.: +48 601 525 111.
Portal: the Polonia Medica website available at www.poloniamedica.com.
Partner Facility / Service Provider: a third party, in particular a healthcare entity, health resort, rehabilitation provider, Wellness & SPA facility or another service provider that provides a given Service to the Client and whose identity is disclosed before conclusion of the agreement concerning that Service.
Client: a User who makes a Booking, purchase or concludes an agreement concerning a Service via the Portal.
TERMS AND CONDITIONS OF USE OF THE POLONIA MEDICA PORTAL
1. General Provisions
1.1. These Terms and Conditions set out the rules for using the Polonia Medica Portal, including the rules governing the provision of Electronic Services by the Portal Operator.
1.2. The Portal Operator and the service provider with respect to services provided electronically is Cargo & Travel Agency Jan Korsak, operating under the Polonia Medica brand, address: ul. Św. Rocha 31, 42-202 Częstochowa, Poland, Tax Identification Number (NIP): 573-020-53-78, REGON: 002762783, e-mail: kontakt@poloniamedica.com, tel.: +48 601 525 111.
1.3. The Portal enables, in particular, searching for offers, submitting enquiries and forms, creating and managing an Account, receiving personalised offers, making Bookings and – where the relevant functionality is available – making payments and purchasing Vouchers.
1.4. The Portal Operator is not a healthcare entity. Healthcare services are provided by the relevant healthcare entities or persons authorised to practise medical professions, as indicated in the relevant offer. Information published on the Portal does not replace a diagnosis, medical consultation or emergency medical assistance.
1.5. These Terms and Conditions are made available free of charge prior to conclusion of an agreement for the provision of Electronic Services, in a manner enabling them to be obtained, reproduced and stored.
2. Definitions
2.1. Portal Operator – the entity specified in Section 1.2.
2.2. Portal – the Polonia Medica website available at www.poloniamedica.com.
2.3. User – any person using the Portal.
2.4. Client – a User who submits an enquiry, makes a Booking or purchase, or concludes an agreement via the Portal.
2.5. Patient – a Client or another person for whose benefit a healthcare Service is to be provided; the term “Patient” is not used as a synonym for every User.
2.6. Account – an individual functionality of the Portal made available after registration, where the Account functionality is active.
2.7. Partner Facility – an entity cooperating with the Portal Operator that offers, via the Portal, medical, rehabilitation, health resort, Wellness & SPA, wellbeing, addiction treatment or other services described on the Portal.
2.8. Service Provider – the entity responsible for providing a specific Service to the Client, identified in the offer or, at the latest, prior to conclusion of the agreement. The Service Provider may be a Partner Facility or the Portal Operator solely with respect to Services that it expressly offers in its own name.
2.9. Service – a paid service offered to the Client via the Portal and performed by the Service Provider.
2.10. Electronic Service – a functionality provided electronically by the Portal Operator without the simultaneous physical presence of the parties, including, in particular, access to the Portal, Account and forms, handling of enquiries and Bookings, and presentation of offers.
2.11. Booking – a process intended to place an order for or conclude an agreement concerning a Service under the terms specified in the offer and Booking Confirmation.
2.12. Voucher – an electronic document or code confirming entitlement to use a specified value or receive a specified service in accordance with the terms set out in separate Voucher Terms and Conditions.
2.13. Consumer – a natural person entering into a legal transaction with a business that is not directly related to that person's business or professional activity. Provisions concerning Consumers also apply to a natural person conducting business activity to the extent that applicable law grants such person consumer rights due to the non-professional nature of the agreement.
2.14. AI Function / AI Assistant – a functionality of the Portal using an artificial intelligence system, in particular a generative model, for the purpose of providing automated responses, facilitating searches for information, presenting offers or supporting the User in using the Portal. The User is informed that, when using this functionality, they are interacting with an artificial intelligence system, unless this is clearly apparent from the circumstances and the manner in which the functionality is presented.
3. Types and Scope of Electronic Services
3.1. The Portal Operator may provide the following services electronically:
browsing content and offers available on the Portal;
using the search engine and filters;
submitting contact forms, enquiries and booking forms;
creating and managing an Account, including viewing enquiries, Bookings, offers and notifications;
receiving personalised offers and information concerning Bookings;
handling the payment process through redirection to or integration with an external payment service provider;
purchasing and managing Vouchers;
using the AI Function / AI Assistant.
3.2. Use of the informational functions of the Portal is generally free of charge. Fees may apply to Services, additional services or Vouchers and are specified in each case before an order is placed.
3.3. The mere ability to browse the Portal does not constitute conclusion of a paid agreement or consent to receive marketing communications.
4. Technical Requirements and Security
4.1. Use of the Portal requires a device with Internet access, an up-to-date web browser supporting JavaScript and cookies necessary for the proper functioning of the Portal, and an active e-mail address where the relevant functions require electronic correspondence.
4.2. Certain functions may require a telephone capable of receiving SMS messages or the use of additional authentication mechanisms.
4.3. The User should use up-to-date software and antivirus protection and safeguard access credentials. Use of electronic services involves typical online risks, including, in particular, phishing, malware, theft of authentication credentials and unauthorised access to the Account.
4.4. The Portal Operator may implement technical and organisational measures intended to ensure security and integrity of the Portal and to prevent abuse.
5. Rules for Using the Portal
5.1. The User is required to use the Portal in accordance with the law, these Terms and Conditions, principles of social coexistence and good practices.
5.2. It is prohibited to provide or distribute via the Portal any unlawful content, in particular content infringing third-party rights, personal rights, intellectual property rights or personal data protection laws, or containing malware.
5.3. It is prohibited to undertake actions that may disrupt the operation of the Portal, circumvent security measures, obtain unauthorised access to the Accounts of other persons, or use the Portal for abuse or fraud.
5.4. The User shall provide data that are true, current and appropriate for the purpose for which they are collected.
6. User Account
6.1. Where the Account functionality is available, opening an Account is voluntary and free of charge unless expressly stated otherwise in relation to a particular functionality.
6.2. The agreement for maintaining an Account is concluded for an indefinite period upon successful completion of registration and making the Account available to the User.
6.3. The User is required to protect the password and other access credentials against unauthorised persons and to notify the Portal Operator immediately if there is any suspicion that the Account has been compromised.
6.4. The User may at any time discontinue use of the Account and terminate the agreement concerning its maintenance by using the available Account deletion functionality or by contacting the Portal Operator.
6.5. The Portal Operator may temporarily restrict access to or block the Account where there are reasonable grounds to suspect a breach of law, security requirements, these Terms and Conditions or third-party rights. Where possible, the User will be informed of the reason and the method for restoring access, unless prohibited by law or security considerations.
7. Enquiries, Bookings and Conclusion of Agreements Concerning Services
7.1. Information presented on the Portal generally constitutes an invitation to submit enquiries or enter into an agreement, unless expressly stated otherwise in relation to a particular offer.
7.2. The Booking process may include selection of an offer and date, submission of a form, confirmation of availability, presentation of terms and price, acceptance of the terms by the Client and payment, depending on the type of Service.
7.3. Before entering into a paid agreement, the Client receives information identifying the Service Provider and the party to the agreement concerning the Service, the price, payment method, date and principal conditions of performance, cancellation terms and – where applicable – information concerning the right of withdrawal.
7.4. In the case of healthcare services, consultations, medical eligibility assessments and clinical decisions are made exclusively by authorised personnel of the Service Provider. The Portal Operator does not make diagnoses or conduct medical eligibility assessments in its own name.
7.5. Detailed rules governing Bookings and the conclusion of agreements concerning paid Services are set out in the separate “Terms and Conditions for Booking and Sale of Services via the Polonia Medica Portal”.
8. Prices and Payments
8.1. Prices presented to Consumers are gross prices, including taxes and other mandatory charges, unless components that cannot be calculated in advance are lawfully indicated in relation to a particular offer.
8.2. Where payment is handled by an external payment service provider, the Client may also be subject to that provider’s terms and conditions. The Portal Operator remains liable for its own acts and omissions in accordance with mandatory provisions of law; terms and conditions of third parties do not limit the statutory rights of the Consumer against the entity with which the Consumer has concluded an agreement.
9. Liability and Nature of Information
9.1. The Portal Operator is responsible for the proper provision of its own Electronic Services and for its own obligations arising from agreements to which it is a party.
9.2. The Service Provider is responsible for performance of the Service by a Partner Facility in accordance with the concluded agreement and applicable law. This provision does not exclude the Portal Operator's liability for its own acts or obligations, including with respect to intermediation, Booking handling or payment handling, where such liability arises under law or an agreement.
9.3. The Portal Operator may carry out technical maintenance, updates or security measures resulting in temporary unavailability of the Portal. Users will, where reasonably possible, be informed of planned interruptions of material significance.
9.4. The Portal is not intended to provide assistance in emergencies. In situations involving a threat to life or health, the appropriate emergency numbers and emergency medical facilities should be used.
9.5. The Portal may provide an AI Function / AI Assistant. Responses and other content automatically generated by an artificial intelligence system are auxiliary and informational in nature. Due to the manner in which AI systems operate, such content may be incomplete, outdated, inaccurate or incorrect, including information generated without a basis in actual data.
9.6. AI-generated content does not constitute a diagnosis, medical advice, medical eligibility assessment for a healthcare service or an individual therapeutic recommendation. It also does not constitute binding confirmation of a price, availability of a date, Booking, terms of a particular offer or conclusion of an agreement. Binding information is the information presented to the User in an official offer, Booking summary, Booking Confirmation, or communicated by the Portal Operator or the relevant Service Provider in accordance with the rules set out on the Portal.
9.7. The User should verify information that may affect health, safety, a purchasing decision or a Booking before taking action. Medical matters should be consulted with authorised medical personnel. In the event of any doubt concerning an offer, price, date or Booking, the User should contact the Portal Operator or the relevant Service Provider.
9.8. The Portal Operator takes reasonable measures to ensure the proper functioning of the AI Function but does not guarantee that every automatically generated response will be error-free. This provision does not exclude or limit the Portal Operator’s liability to the extent that such liability may not be excluded or limited under mandatory provisions of law.
10. Complaints Concerning Electronic Services
10.1. Complaints concerning the functioning of the Portal or Electronic Services may be submitted to reklamacje@poloniamedica.com or in writing to the address of the Portal Operator.
10.2. A complaint should enable identification of the matter and contain a description of the problem and, where possible, contact details and the Booking or Account number, if applicable. Failure to provide information that is not required by law will not automatically result in the complaint being left unexamined.
10.3. The Portal Operator handles complaints without undue delay and, in the case of complaints submitted by Consumers, within the time limit prescribed by applicable law, generally 14 days, unless a specific provision provides otherwise.
10.4. Complaints concerning the quality or manner of performance of a Service by the Service Provider should be addressed to the relevant Service Provider. At the Client’s request, the Portal Operator may assist in forwarding the complaint if permitted by the model applicable to the relevant Booking.
11. Personal Data and Cookies
11.1. The controller of personal data processed by the Portal Operator is Cargo & Travel Agency Jan Korsak, unless another controller is identified in a specific situation.
11.2. Detailed information concerning the legal bases, purposes and retention periods of data processing, recipients of data, transfers outside the European Economic Area and the rights of data subjects is available in the Privacy Policy.
11.3. Health data are processed only to the extent necessary and where an appropriate legal basis under the GDPR exists. Relevant information is provided to the User before or at the time such data are collected.
11.4. The rules governing the use of cookies and similar technologies are set out in the Cookie Policy / Privacy Policy and in the consent management mechanism available on the Portal.
11.5. When using the AI Function, the User should not provide personal data or confidential information beyond what is necessary to obtain a response, in particular health data, unless the Portal expressly indicates that providing such information is required for a specified functionality and provides the appropriate information concerning the rules governing its processing. Information concerning data processing in connection with the AI Function, including any use of external AI technology providers and data transfers, is set out in the Privacy Policy.
12. Amendments to the Terms and Conditions
12.1. The Portal Operator may amend these Terms and Conditions for valid reasons, in particular in the event of changes in law, the scope of Electronic Services, Portal functionalities, security requirements, identification details, or where it is necessary to remove ambiguities or errors, provided that the amendment does not infringe Users’ acquired rights.
12.2. Amendments affecting ongoing agreements for the provision of Electronic Services will be communicated to Users with appropriate advance notice on a durable medium or in a manner enabling them to review the amendment. If the User does not accept an amendment concerning an agreement concluded for an indefinite period, the User may terminate that agreement before the amendment enters into force.
12.3. Bookings and paid agreements concluded before an amendment enters into force are governed by the terms applicable at the time of their conclusion, unless the amendment results from mandatory provisions of law and those provisions state otherwise.
13. Final Provisions
13.1. These Terms and Conditions are governed by Polish law. The choice of Polish law does not deprive a Consumer of protection granted by mandatory provisions of the law of the country of the Consumer’s habitual residence where the applicable law provides such protection.
13.2. Disputes shall be resolved by the court having jurisdiction in accordance with generally applicable law. Consumers may also use available out-of-court consumer dispute resolution procedures in accordance with the applicable provisions.
13.3. These Terms and Conditions enter into force on the date of their publication on the Portal.
TERMS AND CONDITIONS FOR BOOKING AND SALE OF SERVICES VIA THE POLONIA MEDICA PORTAL
These Terms and Conditions replace the ambiguous term “sale of services by electronic means” and distinguish the Electronic Service provided by the Portal from the actual Service provided to the Client.
1. Scope of the Terms and Conditions and Parties
1.1. These Terms and Conditions set out the rules governing the submission of enquiries, making of Bookings, conclusion of agreements concerning Services and payments via the Portal.
1.2. The Portal Operator is Cargo & Travel Agency Jan Korsak, operating under the Polonia Medica brand, address: ul. Św. Rocha 31, 42-202 Częstochowa, Poland, Tax Identification Number (NIP): 573-020-53-78, REGON: 002762783, e-mail: kontakt@poloniamedica.com, tel.: +48 601 525 111.
1.3. As a general rule, the Portal Operator acts as an organisational and booking intermediary between the Client and the relevant Service Provider. Where, in relation to a specific offer, the Portal Operator is a party to the agreement and sells its own Service in its own name, this information is clearly indicated before the order is placed.
1.4. In relation to healthcare services, the Service Provider is the relevant healthcare entity or another entity/person authorised to provide the relevant service. The Portal Operator is not a healthcare entity and does not provide healthcare services in its own name.
2. Definitions
2.1. The definitions used in the Terms and Conditions of Use of the Portal apply to the terms used herein, including in particular: Portal Operator, Portal, User, Client, Patient, Partner Facility, Service Provider, Service, Booking, Consumer and Voucher.
2.2. Service Agreement – an agreement concluded by the Client with the Service Provider under the terms presented before payment is made or before final confirmation of the Booking.
2.3. Booking Confirmation – an electronic message, document in the Account or other unequivocal confirmation containing the principal terms of the Booking.
3. Enquiries and Availability
3.1. The Client may submit an enquiry via a Portal form, e-mail, telephone or another functionality indicated on the Portal.
3.2. Submission of an enquiry does not guarantee availability of a Service and does not give rise to an obligation to pay, unless the course of the process and the message displayed immediately before the order is submitted clearly indicate that the Client is placing a paid order.
3.3. After obtaining information from the Service Provider, the Portal Operator confirms availability or presents the Client with an alternative date or scope of the Service. The Client is not bound by such an alternative until it has been expressly accepted.
3.4. If the Portal provides an AI Function / AI Assistant, information generated by this functionality concerning offers, prices, dates or availability is auxiliary in nature and does not constitute confirmation of availability, a Booking or conclusion of a Service Agreement. In the event of discrepancies, the information communicated to the Client during the Booking process, in the Booking Confirmation, or directly by the Portal Operator or relevant Service Provider is binding.
4. Information Provided Before Conclusion of an Agreement
4.1. Before a Consumer becomes bound by a paid agreement, the Client is provided, in a clear and comprehensible manner, with at least the information required under applicable law, including in particular information concerning:
the identity and contact details of the entity that will be a party to the agreement;
the main characteristics of the Service and the place where it will be performed;
the gross price and all known additional costs or the manner in which they are calculated;
the date, manner and conditions of performance of the Service;
the payment method and Booking confirmation procedure;
the rules governing complaints and liability for performance of the Service;
the right of withdrawal from the agreement or the absence of such a right – where applicable;
the conditions governing cancellation, changes of date and refunds;
the minimum duration of obligations, where applicable.
4.2. Where an order placed electronically entails an obligation to pay, immediately before placing the order the Consumer is provided with the required information, and the button or equivalent functionality is labelled in a manner clearly indicating the obligation to pay.
4.3. Confirmation of conclusion of the agreement and the required information are provided to the Consumer on a durable medium, in particular by e-mail.
5. Booking and Conclusion of an Agreement
5.1. A Booking is made after selection of the Service, provision of the necessary data, acceptance of the applicable terms and – where required – payment or completion of another action indicated in the Booking summary.
5.2. The moment at which the Service Agreement is concluded is specified in each case during the purchase process or in the Booking Confirmation. Where payment is a condition, the agreement may be concluded upon confirmation of payment or upon separate confirmation by the Service Provider, depending on the information provided to the Client before payment.
5.3. Where the Portal Operator accepts payment due to the Service Provider as an authorised intermediary, payment made in the manner specified in the Booking Confirmation has effect in accordance with the agreed settlement model and the scope of authority granted to the Portal Operator.
5.4. Where a specific offer requires medical eligibility assessment, the decision whether the Patient qualifies is made exclusively by authorised personnel of the Service Provider. Refusal of eligibility for medical reasons shall be settled in accordance with the terms applicable to the relevant offer and applicable law.
6. Payments
6.1. Available payment methods are indicated before an order is placed and may include bank transfer, payment card, BLIK or payment through an external payment service provider.
6.2. Where payment is made in a currency other than PLN, the Client is informed of the currency of the price before making payment. Any currency conversion costs charged by the Client’s bank or payment service provider may depend on the Client’s agreement with that entity.
6.3. The Portal Operator does not exclude liability for its own actions related to payment handling. An independent payment service provider is responsible for its own activities within the limits arising from applicable law and its terms and conditions, without prejudice to the Client’s rights against the entity that is a party to the agreement.
7. Withdrawal from an Agreement Concluded at a Distance
7.1. Where applicable law grants the Consumer the right to withdraw from an agreement concluded at a distance, the withdrawal period is generally 14 days from the date of conclusion of an agreement for the provision of services.
7.2. Where performance of a paid service begins before expiry of the withdrawal period, performance shall commence at the Consumer’s express request where the law requires such a request. In the event of an effective withdrawal after performance has begun, the Consumer may be required to pay an amount proportionate to the scope of the service provided up to the time of withdrawal, where provided for by law.
7.3. The right of withdrawal may, among other cases, not apply to services relating to accommodation other than for residential purposes, car rental, catering, or services relating to leisure activities, entertainment, sporting or cultural events where the agreement specifies a particular date or period of performance, as well as in other cases specified by law.
7.4. Agreements concerning healthcare services provided to patients for the purpose of assessing, maintaining or improving their health are subject to specific rules arising under the Consumer Rights Act. Information concerning the right of withdrawal and any applicable exceptions is provided for the specific Service before the agreement is concluded.
7.5. The mere specification of a particular date for the provision of a healthcare service should not automatically be treated as a basis for excluding the right of withdrawal; the scope of that right is determined by the provisions applicable to the relevant type of agreement.
8. Cancellation and Change of Date Independently of the Statutory Right of Withdrawal
8.1. After expiry of the statutory withdrawal period or in cases where the right of withdrawal does not apply, cancellation or amendment of a Booking takes place under the terms specified in the particular offer and Booking Confirmation.
8.2. Cancellation terms are presented to the Client before conclusion of the agreement. Any cancellation charges should correspond to the agreed terms, the nature of the Service, costs incurred or loss of the opportunity to use the reserved service and may not infringe mandatory Consumer rights.
8.3. There is no automatic rule providing for retention of 100% of the price solely because fewer than 14 days remain before the scheduled date of the Service, unless, for the specific Service, there is a lawful basis for such a settlement that was clearly disclosed prior to conclusion of the agreement.
9. Healthcare Services
9.1. Healthcare services are provided by a Service Provider holding the required authorisations. The Portal Operator may arrange contact, Booking, transfer of documents and payments, but does not make medical decisions.
9.2. The Patient is required to provide medical personnel with the information necessary for safe provision of the healthcare service and to follow the recommendations and rules of the relevant Partner Facility.
9.3. The final scope of the service may change for medical reasons based on a decision of authorised personnel. The financial consequences of such a change are settled in accordance with the agreement, the scope of services actually provided and applicable law.
10. Additional Services Related to Travel and Stay
10.1. Where the Portal Operator offers or facilitates the purchase of transport, accommodation, vehicle rental or other travel-related services, the Client is informed, prior to conclusion of the agreement, of the role of the Portal Operator and the provider of each service.
10.2. Where the manner in which at least two travel services are combined meets the criteria for a package travel arrangement or linked travel arrangement, the relevant provisions of the Act on Package Travel and Linked Travel Arrangements shall apply, including the required information forms and security arrangements. These Terms and Conditions do not exclude such obligations.
11. Complaints
11.1. Complaints concerning the operation of the Portal, handling of a Booking or the Portal Operator’s own activities may be submitted to reklamacje@poloniamedica.com or in writing to the address of the Portal Operator.
11.2. Complaints concerning the quality or performance of a Service should be addressed to the Service Provider identified in the Booking Confirmation. The Portal Operator may assist in forwarding the complaint and communicating with the Service Provider.
11.3. A response to a Consumer complaint is provided within the period prescribed by applicable law, generally within 14 days, unless a specific provision establishes a different period.
12. Personal Data
12.1. The rules governing the processing of data by the Portal Operator are set out in the Privacy Policy. Where Client or Patient data are transferred to a Service Provider, the respective roles of the controllers and the legal basis for such transfer are determined by the purpose of the Booking, applicable law and the information provided to the data subject.
12.2. Health data are subject to special protection and are processed only to the extent necessary to handle the Service and on an appropriate legal basis.
13. Final Provisions
13.1. Agreements concluded via the Portal are governed by the law applicable in accordance with generally applicable provisions. The choice of Polish law does not deprive the Consumer of protection arising from mandatory provisions of the law of the country of the Consumer’s habitual residence where such provisions apply.
13.2. Disputes shall be resolved by the court having jurisdiction in accordance with applicable law. Consumers may use the applicable out-of-court consumer dispute resolution methods.
13.3. Amendments to these Terms and Conditions apply to agreements concluded after such amendments enter into force. Agreements concluded previously remain governed by the terms accepted at the time they were concluded, unless mandatory provisions of law state otherwise.
13.4. These Terms and Conditions enter into force on the date of their publication on the Portal.
TERMS AND CONDITIONS FOR THE SALE OF ELECTRONIC VOUCHERS VIA THE POLONIA MEDICA PORTAL
1. General Provisions
1.1. These Terms and Conditions set out the rules governing the offering, purchase, delivery and use of electronic Vouchers issued by health resorts, SPA, Wellness and Wellbeing centres and other Partner Facilities and offered for sale via the Polonia Medica Portal.
1.2. Cargo & Travel Agency Jan Korsak, operating under the Polonia Medica brand, address: ul. Św. Rocha 31, 42-202 Częstochowa, Poland, Tax Identification Number (NIP): 573-020-53-78, REGON: 002762783, e-mail: kontakt@poloniamedica.com, tel.: +48 601 525 111, is the Portal Operator and the Voucher Sales Operator. Polonia Medica is not the direct seller or issuer of Vouchers for medical, health resort, rehabilitation, SPA, Wellness or Wellbeing services unless expressly stated otherwise in relation to a particular offer.
1.3. The direct seller and issuer of a Voucher is the Partner Facility identified in the Voucher offer, in particular a health resort, SPA, Wellness or Wellbeing centre or another Service Provider. The Voucher sale agreement is concluded between the Purchaser and that Partner Facility. Polonia Medica acts as an intermediary in presenting the offer, accepting the order, handling the sale and payment, delivering the Voucher and managing communications relating to its redemption, to the extent arising from its agreement with the Partner Facility.
1.4. A Voucher is not a means of payment or a payment account. It constitutes an electronic document or code confirming an entitlement against the Voucher Issuer to use a specified value or receive a specified service under the terms indicated in the offer, on the Voucher and in these Terms and Conditions.
2. Definitions
2.1. Voucher – an electronic document or code issued by a Partner Facility confirming entitlement to use a specified monetary value or receive a specified service under the terms indicated at the time of purchase.
2.2. Voucher Sales Operator – Cargo & Travel Agency Jan Korsak, operating under the Polonia Medica brand, operating the Portal and handling the Voucher sales process in the name of or for the benefit of the relevant Partner Facility, within the scope of the authority granted and the adopted cooperation model.
2.3. Voucher Issuer / Voucher Seller – the Partner Facility identified in the offer that offers the Voucher in its own name, is a party to the Voucher sale agreement and is responsible for the obligation arising from the Voucher.
2.4. Purchaser – a person purchasing a Voucher via the Portal.
2.5. Voucher User – a person who redeems a Voucher; this may be the Purchaser or another person where the relevant Voucher is transferable.
2.6. Service – a medical, health resort, rehabilitation, SPA, Wellness, Wellbeing or other service specified in the Voucher offer, performed by the Voucher Issuer or the identified Service Provider.
2.7. Partner Facility – an entity cooperating with Polonia Medica, in particular a health resort, SPA, Wellness or Wellbeing centre, which may act as the Voucher Issuer and Service Provider.
3. Conclusion of a Voucher Sale Agreement
3.1. Before placing an order, the Purchaser receives information concerning the Voucher Issuer, the type and value of the Voucher, its price, validity period, permitted scope of use, redemption rules, restrictions and the right of withdrawal from the agreement, where applicable.
3.2. The Purchaser places an order via the Polonia Medica Portal. The Voucher sale agreement is concluded between the Purchaser and the Voucher Issuer at the moment specified in the purchasing process, generally after placing an order involving an obligation to pay and successfully completing payment.
3.3. Polonia Medica, acting as the Voucher Sales Operator, provides the Purchaser, on a durable medium, with confirmation of the order and conclusion of the agreement, acting within the scope of sales support provided for the Voucher Issuer.
3.4. Where the Portal provides an AI Function / AI Assistant, responses generated by that functionality concerning Vouchers, their price, validity, availability, scope or redemption rules are auxiliary in nature and may contain errors. They do not constitute an offer, order confirmation or amendment of the terms of a Voucher. Binding information consists of the information presented before purchase, the content of the Voucher, the order confirmation and the terms of the relevant Voucher Issuer.
4. Payment
4.1. Available payment methods are indicated before an order is placed. Payment may be accepted by Polonia Medica as an authorised payment collection intermediary of the Voucher Issuer and may be processed by an external payment service provider.
4.2. Where Polonia Medica is authorised by the Voucher Issuer to accept payments, payment made in accordance with the instructions provided on the Portal has the effect of payment of the Voucher price to the Issuer to the extent resulting from such authorisation.
4.3. Polonia Medica does not store credentials relating to a payment instrument where such data are processed directly by the payment service provider. Polonia Medica is responsible for its own activities related to payment handling, while the Voucher Issuer is responsible for obligations arising from the Voucher.
5. Delivery of the Voucher
5.1. A Voucher issued by the relevant Partner Facility is delivered to the Purchaser via Polonia Medica in electronic form to the e-mail address provided or made available in the Account, depending on the information presented at the time of purchase.
5.2. The Voucher is delivered without undue delay after payment has been confirmed, unless the terms applicable to a specific offer provide for a different delivery date.
5.3. The Voucher should indicate at least its Issuer, the scope or value of the service, the validity period and the basic redemption conditions. The Purchaser should check that the information is correct and promptly report any identified error to the Voucher Sales Operator.
6. Rules for Using a Voucher
6.1. A Voucher may be used solely with its Issuer or the Service Provider identified in the Voucher offer, to the extent and under the conditions specified in the Voucher and the sales offer.
6.2. The Voucher Issuer or the identified Service Provider is responsible for the availability, scope, quality and performance of the Service covered by the Voucher. Polonia Medica is responsible for the proper performance of its own activities related to sales support and delivery of the Voucher.
6.3. Where a Voucher is value-based, the method of settlement, the possibility of partial use and the rules governing any unused balance are determined by the Voucher Issuer before purchase and specified on the Voucher or in the terms of the offer.
6.4. A Voucher may be transferred to another person unless its content, the nature of the service, the Issuer’s terms or applicable law provide that it is issued to a named person or is non-transferable.
6.5. A Voucher may not be exchanged for cash, except where an obligation to refund funds arises under applicable law, as a result of an effective withdrawal from the agreement, an upheld complaint or the terms established by the Voucher Issuer.
6.6. The Voucher is valid for 3 months from the date of purchase unless a different period established by the Voucher Issuer is specified at the time of purchase. The validity period is presented to the Purchaser before conclusion of the agreement and stated on the Voucher.
7. Booking a Service Using a Voucher
7.1. Redemption of a Voucher may require a prior Booking and confirmation of availability of the Service by the Voucher Issuer or Service Provider.
7.2. Polonia Medica may assist in making the Booking, communicating arrangements and facilitating communication between the Voucher User and the Partner Facility. Final confirmation of the date and the ability to perform the Service rest with the relevant Partner Facility.
7.3. Where the price of the selected Service exceeds the value of the Voucher, the difference shall be paid in accordance with the rules established by the Voucher Issuer. Where the price of the Service is lower than the value of the Voucher, the method of settling the remaining balance is governed by the terms applicable to the relevant Voucher.
8. Right of Withdrawal from the Voucher Sale Agreement
8.1. Where the Purchaser is a Consumer and applicable law grants the Purchaser the right to withdraw from an agreement concluded at a distance, that right is exercised against the Voucher Issuer, which is a party to the sale agreement.
8.2. A declaration of withdrawal may also be submitted to Polonia Medica using the contact address indicated on the Portal where Polonia Medica is authorised to accept such declaration on behalf of the Issuer; in other cases Polonia Medica shall promptly forward the declaration to the relevant Issuer, without prejudice to the Consumer’s statutory rights.
8.3. Mere delivery of a Voucher in electronic form does not automatically result in loss of the right of withdrawal. The consequences of using a Voucher before expiry of the withdrawal period shall be assessed in accordance with the provisions applicable to the type of service and the terms of the agreement with the Voucher Issuer.
8.4. In the event of an effective withdrawal, payment is refunded in accordance with applicable law by the Voucher Issuer or by Polonia Medica on its behalf, where this results from the adopted settlement model and the authority granted.
9. Complaints
9.1. Complaints concerning the operation of the Portal, the ordering process, technical delivery of the Voucher or activities performed by Polonia Medica may be submitted to reklamacje@poloniamedica.com or in writing to the address of the Voucher Sales Operator.
9.2. Complaints concerning the validity of a Voucher, refusal to honour it, the scope of the service, or the quality or performance of the Service are handled by the Voucher Issuer or the relevant Service Provider. Polonia Medica may accept such a complaint and forward it to the appropriate Partner Facility and may assist in communication.
9.3. A complaint should contain information enabling identification of the Voucher, the Issuer and the reported problem. Complaints addressed to Polonia Medica concerning its own activities are handled within the time limits prescribed by applicable law.
9.4. Consumers may use available out-of-court consumer dispute resolution procedures in accordance with applicable law.
10. Security and Abuse
10.1. Polonia Medica and the Voucher Issuer may apply proportionate measures intended to prevent fraud, unauthorised use of a Voucher or repeated redemption of the same code.
10.2. Where there are reasonable grounds to suspect abuse, redemption of a Voucher may be temporarily suspended for the period necessary for the relevant entity to investigate the matter. The Purchaser or Voucher User will be informed of the suspension and the procedure for resolving the matter, unless prevented by law or security considerations.
10.3. Identity verification may be required only to the extent justified by transaction security, the nature of the Service or a legal obligation applicable to the relevant entity.
11. Personal Data and Cookies
11.1. Polonia Medica processes personal data to the extent necessary to operate the Portal and handle the Voucher sales process, in accordance with the role specified in the Privacy Policy. The Voucher Issuer or Service Provider may be a separate controller of data processed in connection with redemption of the Voucher and performance of the Service.
11.2. Detailed information concerning the processing of data, including transfers of data to payment service providers and Partner Facilities, is set out in the Privacy Policy.
11.3. The rules governing the use of cookies and similar technologies are set out in the Cookie Policy / Privacy Policy and do not depend on the purchase of a Voucher.
12. International Sales
12.1. Vouchers issued by Partner Facilities may be offered via the Portal to Purchasers in Poland and abroad in the currencies specified in the relevant offer.
12.2. Information concerning the price, taxes and mandatory charges is presented to the Purchaser before conclusion of the agreement in accordance with the laws applicable to sales conducted by the Voucher Issuer. Polonia Medica does not assume the Issuer’s tax obligations solely by reason of providing sales support.
12.3. The choice of Polish law does not deprive the Consumer of protection arising from mandatory provisions of the law of the country of the Consumer’s habitual residence where such provisions apply.
13. Amendments to the Terms and Conditions and Final Provisions
13.1. Amendments to these Terms and Conditions do not affect rights arising from Vouchers purchased before the amendments enter into force. Such Vouchers remain subject to the terms applicable at the time of purchase, taking into account the terms of the relevant Voucher Issuer and mandatory provisions of law.
13.2. Disputes concerning performance of an obligation arising from a Voucher are resolved between the Purchaser or Voucher User and the Voucher Issuer, without prejudice to Polonia Medica’s liability for its own activities. Jurisdiction is determined in accordance with generally applicable law.
13.3. Matters not governed by these Terms and Conditions are subject to Polish law, without prejudice to Consumer protection arising from mandatory provisions applicable to the Consumer’s situation.
13.4. These Terms and Conditions enter into force on the date of their publication on the Portal.