The prerequisite for using the services and proper using of the www.restauracjadifferent.pl sales system is to read and follow the REGULATIONS as described below.
The Regulations of using the www.restauracjadifferent.pl sales website and services provided by the Family Assistance Foundation “People in Need” based in Warsaw, Al. Jerozolimskie 123a, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division, under the KRS number 0000239060.
THE DIFFERENT RESTAURANT (in these Regulations referred to as DIFFERENT) is a restaurant in the dark, where you will be served by blind waiters. Our mission is to “open” the eyes of those who can see to the world of the blind;).
I. General provisions
1. These Regulations are based on the following provisions:
- Act of 18 July 2002 (Journal of Laws 144/2002 item 1204, as amended) on providing services by electronic means and subsequent amendments to this Act,
- Act of 29 August 2000 (Journal of Laws 133/1997 item 833, as amended) on the personal data protection
- Act of 2 March 2000 (Journal of Laws 22/2000 item 271, as amended) on the protection of certain consumer rights and on the liability for damage caused by a dangerous product – as regards the conclusion of distance agreements;
- Act of 23 April 1964 (Journal of Laws 16/1964 item 93, as amended) Civil Code
2. The Family Assistance Foundation “People in Need” assumes that each CUSTOMER shall provide all information correctly and in accordance with the facts; therefore, the responsibility for the results of irregularities resulting from the improper, incomplete or untrue completion of the system forms (provision of the data necessary for the proper implementation of the ordered EVENT) is held by the CUSTOMER only.
II. Definitions of the terms used herein
1. The terms used herein shall mean:
- DIFFERENT – economic activity (restaurant in the dark served by blind waiters) managed by the Family Assistance Foundation “People in Need” based in Warsaw 02-017, Al. Jerozolimskie 123a, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division, under the KRS number 0000239060, NIP tax identification number 521-336-14-63, Regon 140217610. Profits from the DIFFERENT’s economic activity are spent on the statutory objectives of the Foundation.
- CUSTOMER – person buying, ordering or participating in an event of the DIFFERENT Restaurant in Poland.
- VOUCHER – document in an electronic or printed form, confirming the conclusion of an agreement and giving its holder (CUSTOMER) the right to use the SERVICE described in this document within the time-limiy specified by the EXPIRY DATE of the VOUCHER.
- EXPIRY DATE of the VOUCHER – time-limit within which the CUSTOMER can have their order implemented.
- RESERVATION – request made by the CUSTOMER to redeem a VOUCHER by completing the DIFFERENT’s reservation form on the website www.restauracjadifferent.pl, either directly or through the staff of the DIFFERENT restaurant.
- RESERVATION DATE – the day indicated when making a RESERVATION as the day on which the VOUCHER is to be redeemed. The RESERVATION DATE cannot be specified later than 5 hours prior to the scheduled time of the EVENT on the day indicated as the EXPIRY DATE of the VOUCHER.
- REDEMPTION of the VOUCHER – provision of a service ordered by the CUSTOMER. The REDEMPTION of the VOUCHER is possible only on the day described as the RESERVATION DATE of the VOUCHER when the VOUCHER is paid.
- EVENT – service which the Foundation provides to the CUSTOMER.
- AGREEMENT CONCLUSION SYSTEM – hereinafter referred to as the SYSTEM, is a part of the www.restauracjadifferent.pl website which allows to handle the process of concluding an agreement using an algorithm – procedures contained in these Regulations.
- RESERVATION NUMBER – string of digits that identifies the specific VOUCHER and is necessary for making a RESERVATION.
- EVENT DESCRIPTION – description of what the CUSTOMER can expect from the given EVENT. Whereby DIFFERENT stipulates that this is a description defining the nature of an experience and its actual implementation may differ from the descriptions contained in the www.restauracjadifferent.pl website in terms of such details as the exact duration, appearance of the rooms, type of equipment used, etc. In particular, the photos placed on the website are illustrative and do not need to correspond exactly to the actual implementation. However, DIFFERENT makes any effort to guarantee that the EVENT DESCRIPTION is as close as possible to the actual course of the EVENT.
- WORKING DAY – every day from Monday to Friday, during working hours of the DIFFERENT office, i.e. from 10.00 to 18.00, excluding public holidays,
- DIRECT SALES POINT – places (companies and shops) cooperating with DIFFERENT, authorised to sell VOUCHERS.
III. Conclusion of an agreement and terms of payment
1. The Foundation, acting on its own behalf and on its own account, orders with the CONTRACTOR, for the CUSTOMER, the implementation of an EVENT compliant with the description in the offer published on the website www.restauracjadifferent.pl.
2. The EVENT is ordered by following the procedures laid down by the SYSTEM i.e.:
- selecting a VOUCHER for a specific EVENT, which the CUSTOMER wants to order, and this is done by clicking the “Reserve” button,
- selecting the type of the VOUCHER from among those which are currently available for the selected EVENT,
- accepting the number of selected VOUCHERS and providing the necessary data,
- accepting the selection and confirming the data entered by clicking the “Go to Checkout” button
- selecting the way of making prepayment for the VOUCHER
- accept the choice by clicking the “Buy and Pay” button
- upon the completion, the CUSTOMER receives an e-mail confirmation of the order made.
3. It is also possible to order the VOUCHER by phone. In this case, these Regulations are also binding, of which the CUSTOMER is informed from time to time in an e-mail message confirming that the order has been made.
4. All provisions of these Regulations applying to payment and conclusion of the agreement are applicable if the CUSTOMER makes a purchase at the DIFFERENT reception, except that in this case the VOUCHER is activated within 24 working hours from the buying date, after which it is required to make a RESERVATION.
5. The agreement is concluded when the user clicks the “Buy” button. This is tantamount to the fact that the user has read and accepted the terms and conditions of these Regulations. From now on, it is assumed that the CUSTOMER has concluded an agreement with the Foundation.
6. In the case where the CUSTOMER orders the VOUCHER by phone or at the DIFFERENT reception, the moment of concluding the agreement is the moment of paying the whole price and this is also tantamount to the fact that the CUSTOMER has read these Regulations and accepted their content.
7. In no case can the VOUCHERS be exchanged for money, they only give the right to participate in the EVENT, subject to point V.1.
8. Making payment for the VOUCHER can be done as follows:
- by making a transfer to the relevant bank account of the Foundation.
- by cash – in the case of personal receipt of the VOUCHER at the DIFFERENT reception or in the case of selecting a shipment to be paid on delivery, by Polish Post or by courier. In the case of selecting payment on delivery, an additional cost of PLN 10 (ten PLN) is added,
- using payments accepted by direct payment systems (i.e. DOTPay), as a partner of DIFFERENT.
9. Payment shall be deemed to have been made: once it is received on the Foundation account in ING Bank, No. 69 1160 2202 0000 0000 9318 2030, upon its crediting by the PayU system, or any other similar system; when payment is made on delivery to a courier or postman or; at the DIFFERENT reception.
10. The VOUCHER is delivered to the CUSTOMER according to their choice as follows:
- by e-mail, to the e-mail address indicated by the CUSTOMER, immediately after placing the order,
- through the Polish Post to the address provided in the order. The shipment will usually be sent within 3 working days of crediting the paid prepayment on the Foundation’s account, but it is dependent on the work of Polish Post, for which the Foundation is not responsible. Shipments are sent by the DIFFERENT office twice a week, on Tuesdays and Fridays in the morning.
- by means of a reputable courier company, to the address given in the order, it usually takes place within 7 working days after crediting prepayment to the Foundation’s account but is dependent on the work of DIFFERENT.
- with respect to retail sales – the CUSTOMER receives the VOUCHER at their own discretion and at their own risk.
11. In the cases referred to in point 10 a), d), delivery of the VOUCHER is at the cost of DIFFERENT, i.e. the CUSTOMER does not incur any additional costs. In the case referred to in point 10 b), c) for delivery of the VOUCHER, the CUSTOMER pays costs of postal or courier delivery.
12. If the CUSTOMER does not receive the shipped VOUCHER at the address indicated in the order, then reshipping the VOUCHER is possible once the CUSTOMER has paid the courier fee again.
13. In the case referred to in points 10 b), c), d) the VOUCHER will be packed into an envelope free of charge, unless the CUSTOMER has ordered any other available packaging – the cost of such packaging shall be incurred by the CUSTOMER. For this purchase, the CUSTOMER will also receive a cash register receipt or an invoice.
14. With respect to point 10 a), within 30 days of purchase, the CUSTOMER has the right to request a document confirming the purchase (scanned receipt, VAT Invoice, accounting note) to be sent by e-mail.
15. The CUSTOMER can redeem the received VOUCHER on the day and at the time indicated by the RESERVATION DATE of the VOUCHER. In order to reedem the VOUCHER bought at the DIFFERENT reception, the CUSTOMER must make a RESERVATION before the EXPIRY DATE of the VOUCHER so as to establish precisely such details of the REDEMPTION of the VOUCHER as the CUSTOMER data, food allergies and any other necessary elements that may affect the implementation of the EVENT. RESERVATIONS made after the RESERVATION DATE and prior to the EXPIRY DATE of the VOUCHER will be made as far as possible and if seats are available, but in this case DIFFERENT does not guarantee participation in the EVENT.
16. If the case of buying the VOUCHER directly on the website www.restauracjadifferent.pl, the CUSTOMER can redeem the VOUCHER by the EXPIRY DATE of the VOUCHER, after making a prior RESERVATION for the given day and time.
17. The date of the REDEMPTION of the VOUCHER may be changed up to 7 days before the DATE OF REDEMPTION of the VOUCHER.
18. A failure to redeem the VOUCHER before the EXPIRY DATE of the VOUCHER means the withdrawal from the agreement and the termination of all rights relating thereto, in particular, it results in an impossibility of redeeming the VOUCHER by the CUSTOMER and the CUSTOMER shall not be entitled to any claim, in particular a claim for reimbursement.
19. Should the VOUCHER be lost or destroyed, the EXPIRY DATE of the VOUCHER has not lapsed yet and the VOUCHER has not been redeemed, it is possible, at the request of the CUSTOMER and upon presentation of a proof of purchase, to issue a duplicate VOUCHER.
20. It is not possible to change the EXPIRY DATE of the VOUCHER. It is possible to exchange the VOUCHER into another, as long as the cost of the VOUCHER we want to have in place of our VOUCHER exceeds the cost of the one bought previously.
21. The CUSTOMER must comply with the instructions, recommendations, regulations, guidance and orders of DIFFERENT. With regard to EVENTS (e.g. whisky tasting) whose implementation may depend on the CUSTOMER’s age, DIFFERENT has the right to check these circumstances and the CUSTOMER is required to present the relevant documents. The refusal to present the above-mentioned documents constitutes a basis for DIFFERENT to refuse the redemption of the VOUCHER.
22. DIFFERENT may refuse to redeem the VOUCHER if the CUSTOMER does not comply with its instructions or is under the influence of alcohol, narcotics or due to the health status or psychophysical condition of the CUSTOMER.
23. DIFFERENT may also request from the CUSTOMER signing an additional statement if it is related to the protection of health or safety during the EVENT.
24. The CUSTOMER should arrive to the place of redeeming the VOUCHER at least 15 minutes before the indicated DATE OF REDEMPTION of the VOUCHER.
25. Should the CUSTOMER fail to arrive to the place of redeeming the VOUCHER or should they be more than 15 minutes late, this results in losing the right to redeem the VOUCHER, whatever the reasons, and thus also in the case of being late or failing to arrive to the place of redeeming the VOUCHER for reasons beyond control.
26. For EVENTS which could not be implemented for reasons beyond control, DIFFERENT reimburses the CUSTOMER the costs of buying the VOUCHER but does not cover the costs incurred by the CUSTOMER in connection with the redemption of the VOUCHER e.g. transport and accommodation costs. DIFFERENT reserves the right to offer a different date for the REDEMPTION of the VOUCHER.
27. In the case of minors wishing to attend the EVENT, required is a consent of legal guardians of a minor or a person who does not have full capacity for civil conduct, expressed in a form of a written consent or the presence of at least one guardian in the place where the VOUCHER is redeemed. The absence of a document of consent or of one of guardians are a basis for DIFFERENT to refuse to redeem the VOUCHER held by a minor.
IV. Safety rules at DIFFERENT
1. The DIFFERENT reception staff are involved in informing the CUSTOMER on an ongoing basis, accepting payments, assigning a Waiter to the CUSTOMER, and presenting the basic safety principles that must be absolutely respected (the summary of safety principles is also placed on the wall next to the reception)
2. The Waiters at DIFFERENT are either blind or visually impaired. For safety reasons, it is imperative to respect the Waiter’s instructions.
3. Every CUSTOMER, at any time, as a result of fear, malaise or other events may leave the DIFFERENT restaurant, previously informing the Waiter about the will to leave DIFFERENT. The Waiter shall take the CUSTOMER to the “well-lit section”.
4. If the CUSTOMER needs to leave the EVENT (due to fear or any factors), the money for the VOUCHER will not be reimbursed, but it is possible to finish the meal in the well-lit part of the restaurant.
5. For the whole EVENT, the CUSTOMER should reserve about 90 minutes.
6. The DIFFERENT staff have the right to refuse access to intoxicated persons, unaccompanied minors, or in other cases, after consulting the DIFFERENT manager.
7. Any person who has bought the VOUCHER accepts the above Regulations, while declaring that they take part in the EVENT of their own free will and hold full responsibility for any events occurring inside the DIFFERENT restaurant.
8. Neither the DIFFERENT staff nor the Management Board of the Foundation shall be responsible for any fortuitous or health-related events, material losses, etc. resulting from the specificity of the project and failure to comply with the rules determined by the reception staff and Waiters.
9. In case of improper behaviour during the EVENT, the Waiters or reception staff have the right to take out persons disturbing other members and threatening security, without a possibility of reimbursing money for the ticket bought.
10. The CUSTOMER leaves their mantle and, obligatorily, bags, glasses, mobile phones, devices emitting light, sounds or recording in the lockers – failure to observe this rule is equal to the impossibility of participating in the EVENT.
11. The CUSTOMER is responsible for the lost key to the locker, by paying a fee of PLN 10 (covering the cost of making a new key). The CUSTOMER has the right to ask the reception staff for storing the key, but in this case the DIFFERENT staff are not responsible for items left in the locker.
12. Due to the comfort of staying at the DIFFERENT restaurant and the safety of the CUSTOMER’s property, we suggest putting on comfortable shoes and leaving at home or in the locker any watches (risk of breaking glass) and hanging parts of jewellery (risk of catching and tearing off).
13. The DIFFERENT staff and Management Board of the Foundation shall not be responsible for items left in the lockers.
14. Participation in the EVENT is not recommended for moderately and highly dysfunctional children and adolescents. When making a reservation, please keep this information in mind – this has nothing to do with disqualifying anyone – it is not about aggravating certain traumas but, above all, about maintaining safety.
15. In the case of slightly handicapped children and adolescents, we are asking for the real and reliable information both when making a reservation and in particular prior to buying the tickets. Please be advised that we have the right to refuse admission to such persons, and in the case of failure to inform the reception staff about possible dysfunctions we have the right to take out such persons from the exhibition if the Waiter receives such information already during the tour. In this case, we do not reimburse any money for the ticket bought.
16. Children – we inform that participation in the EVENT is generally intended for children above 8 years of age due to a reasonable suspicion of child anxiety and a lack of adequate communication in a special situation, which the absolute darkness is – and thus – the impossibility of guaranteeing safety.
17. In special cases, children younger than 8 are allowed to enter the DIFFERENT restaurant after talking to the Waiter (communication test – the attempt to establish a relation) – the Waiter’s decision is final. Also, we inform that parents/guardians are always responsible for the safety of themselves and their children in such cases.
18. People with disabilities – the EVENT at DIFFERENT in the absolute darkness requires the operational hands, legs and a possibility of free communication. In the case of people with disabilities (auditory, physical or intellectual), please contact the DIFFERENT reception.
19. Please arrive at the EVENT 15 minutes before the scheduled time to be able to listen to the necessary tips and prepare for the EVENT. In the case of delay, the Staff have the right to refuse access because of the comfort, quality and safety of the participants in the EVENT.
V. Customer’s right of withdrawal from the agreement and complaint handling
1. Within 14 days of receipt of the VOUCHER, no later than 7 days before the date of redeeming the VOUCHER, the CUSTOMER may withdraw from the agreement and cancel the VOUCHER without giving reasons, by notifying the Foundation in writing to its address or to the address firstname.lastname@example.org and subject to presenting a proof of purchase issued for making a payment.
2. The declaration of will resulting in the withdrawal by the CUSTOMER from the agreement shall also be deemed a failure to make any payment to the Foundation’s bank account within 48 hours from the date of ordering the VOUCHER or making payment which is lower than the amount indicated, or submitting an appropriate written declaration, provided that the Foundation received it before the expiry of the period referred to in point V. 1.
3. DIFFERENT undertakes to consider, within 7 working days from the date of delivery, any written complaint in writing following the protection of the CUSTOMER’s legitimate interest.
4. All reimbursements are made only by bank transfer to the CUSTOMER’s account.
VI. Right of the Foundation to withdraw from the agreement
The Foundation reserves a possibility of withdrawing from the agreement concluded with the CUSTOMER where the redemption of the VOUCHER proves impossible or is associated with abnormally high costs, then the CUSTOMER is reimbursed the whole payment made, unless they choose an alternative offer presented by the Foundation.
VII. Personal data protection and administration
1. The data controller within the meaning of the Act of 29 August 2000 (Journal of Laws 133/1997 item 833 as amended) on the personal data protection is the Foundation.
2. Personal data of the CUSTOMER will not be transferred to other people without their knowledge or consent. Making payment to the Foundation’s bank account constitutes a clear consent of the CUSTOMER to provide their personal data to the Foundation solely for the purpose of redeeming the VOUCHER and for marketing purposes of DIFFERENT (information about news, competitions and relevant information related to DIFFERENT and life of the blind).
3. The use by the Foundation of the collected data for purposes other than those referred to in point VII. 2. in particular for advertising and marketing purposes, requires the prior consent of the CUSTOMER.
4. The CUSTOMER is always entitled to access and change their data. However, the CUSTOMER shall bear the responsibility for the effects of the changes made.
5. The CUSTOMER may, at any time, request ro remove their personal data from the Foundation’s files, which the Foundation should do without delay.
VIII. Final provisions
1. Any complaints arising from a failure to redeem or improper redemption of the VOUCHER shall be submitted by the CUSTOMER in writing to the Foundation’s office or to the e-mail address email@example.com, not later than 7 days from the date of redemption of the VOUCHER or from the moment it was to be redeemed. The letter of complaint should include: BUYER’s details, RESERVATION NUMBER, description of the situation. DIFFERENT undertakes to consider the complaint within 7 working days from the date of receipt of the notification.
2. The Foundation shall immediately take action to consider the complaint in the way which is most favourable way for the CUSTOMER.
3. The Foundation shall be responsible to the CUSTOMER for its own acts and omissions. In the case the complaint concerns the IMPLEMENTATION of the EVENT, the Foundation shall take the necessary measures by agreeing them with the CUSTOMER.
4. The Foundation does not bear any responsibility if an unauthorised person becomes a holder of and redeems the VOUCHER. In this situation, the VOUCHER is considered to have been redeemed by the CUSTOMER.
5. The Foundation recommends all CUSTOMERS who have received the VOUCHER authorising them to implement the EVENTS that might be hazardous to their health or life, to conclude applicable insurance contracts with insurance companies of their choice.
6. VOUCHERS and EVENTS placed on the website www.restauracjadifferent.pl are described as precisely as possible and their description corresponds to what the CUSTOMER may expect. However, the Foundation reserves a possibility of the occurrence of small differences between the description of the EVENT and its actual implementation, in particular with regard to such features as: duration, technical details, description of the place of implementation etc.
7. In the event of any dispute relating to the redemption of the VOUCHER, the Foundation undertakes to make every effort to settle it amicably and should it be impossible, the competent common courts will be in charge of its settlement recognition.
Family Assistance Foundation “People in Need”