Terms for online booking and client accounts in Poland: what the law requires

Electronic service in practice — what it means

The Act on Providing Services by Electronic Means (Dz.U. 2024 poz. 1513) defines an electronic service as any action performed by a provider under an agreement with the recipient, carried out wholly or partly by electronic means. Online booking fits this definition: the client selects a time, provides details, and receives confirmation — all through the website or app. The same applies to client account registration, online store orders, or contact forms with automatic replies. Learn more about automation in the context of GDPR in the article Automation and GDPR: where your customer data physically ends up.

From a legal perspective, it doesn't matter whether you run a beauty salon, auto repair shop, or language school. The moment clients can create an account and use site features without contacting a human, you enter a provider-recipient relationship. The consequences are specific: you must have terms and you must make them available in a particular way.

Why copying a competitor's terms is risky

Competitors' terms were created for their specific business model — different services, different contact information, different payment and liability terms. When you copy such a document without adapting it, you risk at least two things. First, the information doesn't match reality: the client sees another company's address, different billing details, different service terms. Second, missing or poorly adapted clauses may not protect your business in a dispute — a court will evaluate whether you actually provided the service under the published conditions.

Provider obligations under Article 8 of the Act

Article 8 of the Act on Providing Services by Electronic Means is the regulatory foundation for everyone operating online. The rules are simple, but non-compliance has concrete legal consequences. Details are available in the official text of the Act in ELI.

Making terms available before contract conclusion

Under Article 8(1), the provider determines the terms of providing electronic services and makes them available to the recipient free of charge before concluding the contract. Upon the recipient's request, the terms must be provided in a way that allows obtaining, reproducing, and preserving the content. This means the document must be available online in a format that can be downloaded and saved — for example, PDF or a printable page.

In practice, this means the terms link must appear where the client makes a decision: next to the booking button, during account creation, or at the order form. Placing the link only in the page footer does not meet this requirement because the client doesn't have access to the content before contract conclusion.

Consequences of not providing terms in the required way

Article 8(2) clarifies the consequence: the recipient is not bound by terms that were not made available in the required way before contract conclusion. This is a key practical principle. If a client books an appointment and the terms were hidden in the footer, those document provisions don't bind that client. In a dispute — for example, about cancellation, refund, or liability scope — the court may apply only statutory rules, not your internal terms.

This works both ways: if terms are available and the client accepts them, all provisions in the document bind them. That's why it's crucial that the document actually reflects what you offer.

Minimum terms content — four mandatory elements

Article 8(3) specifies what the terms must contain, particularly:

• types and scope of services — what features you provide to the client, what they can do through the site;
• service conditions — including technical requirements (which devices and browsers are supported) and prohibition on providing unlawful content;
• conditions for concluding and terminating contracts — how the client enters into the contract, how they can terminate it, how long access lasts;
• complaint procedure — how the client submits a complaint, within what timeframe they receive a response.

These four points are the minimum — you can expand the terms with additional sections, but you cannot omit any of them. Paragraph 4 confirms that the provider delivers services according to the terms, meaning the document forms the binding basis for your operations.

Response to complaints — 14 days to take a position

Beyond the electronic service terms, it's worth remembering consumer complaint regulations. The Consumer Rights Act (Dz.U. 2024 poz. 1796) in Article 7a states that unless separate regulations say otherwise, the entrepreneur must respond to a consumer complaint within 14 days from its receipt. If the entrepreneur doesn't respond within this period, the complaint is considered accepted. Details are in the Consumer Rights Act.

In the context of online booking, this means you need a clearly defined way to receive complaints — preferably through a website form with receipt confirmation, email, or contact form. The response must be delivered on paper or another durable medium if the consumer requests it.

Where to place complaint procedures in the terms

The complaint procedure is one of the four mandatory elements from Article 8(3). In practice, it's worth dedicating a separate subsection to it that describes: the address for complaints; the resolution timeframe; how the client is notified of the outcome. It's also worth indicating whether booking complaints (e.g., wrong time, missing confirmation) are separate from service quality complaints.

Distance contract — additional information obligations

If you conclude distance contracts with consumers through your website — for example, selling vouchers, digital products, or paid services — additional regulations from the Consumer Rights Act apply. Read more about online orders for restaurants and what stays with you versus the platform.

Price information

Article 12(1)(5) requires informing the consumer, no later than when expressing intent to be bound by the contract, of the total price or remuneration including taxes. If the price cannot be calculated in advance (e.g., variable-rate service), you must indicate how it's calculated. For appointment bookings with prepayment, this information must be visible before clicking "Book and pay." More about legal requirements for restaurants can be found in the article about accessibility of a Restaurant Website and Ordering.

Right to withdraw from the contract

Article 27(1) grants the consumer the right to withdraw from a distance contract within 14 days of concluding it, without giving reasons and without costs (with exceptions specified in the Act). If you sell products or services remotely through the site, you must inform the consumer of this right. Exceptions apply to services fully performed with consumer consent before the withdrawal deadline expires, or digital content not recorded on a medium.

For typical salon appointment bookings, these rules have limited application — the contract concerns service delivery at a specific time, not product sale. However, check whether your business model requires full consumer information. The rules regarding reviews in the hospitality industry are explained in the article Restaurant Reviews and the Law: What Is Allowed.

Common mistakes in small business terms

Based on practical observations, several recurring problems can be identified that stem from ignorance or haste rather than bad intent.

No version date

Many businesses operate with a single undated terms document. However, both you and the client need to know which version was published or updated. Without a date, it's difficult to prove that the client accepted the current document rather than an outdated one.

Checkbox without a terms link

A common solution is a checkbox saying "I accept the terms" without an actual link to the content. This doesn't meet the requirement of making the document available before contract conclusion — the client theoretically accepts something they couldn't read.

Link only in the footer

Placing terms exclusively in the page footer means the client doesn't have access during the booking or order process. Under Article 8(2), such provisions don't bind the recipient.

Copied competitor content

Terms describing another company's services — different contact details, different service scope, different address — are not only confusing for the client but may be considered unsuitable for your business. In extreme cases, this could constitute unfair competition.

Missing technical requirements section

Many terms omit the technical requirements section. However, clients should know which devices and browsers are supported, whether the app works on iOS and Android, or whether a constant internet connection is needed.

Query handling automation and terms

When running online booking, consider a queue system that automatically distributes queries across channels. In the article Query handling automation: one queue instead of five inboxes, you'll learn how one queue instead of five inboxes can improve customer service. This solution also requires clear terms specifying the rules of automated communication.

Where do these numbers come from:

Data comes from official legal acts: the Act on Providing Services by Electronic Means Dz.U. 2024 item 1513 and the Consumer Rights Act Dz.U. 2024 item 1796.

Check yourself — a four-point terms audit

Before sending the terms to a lawyer, conduct a quick audit on your own. Answer four questions corresponding to the elements from Article 8(3):

1. Do the terms describe your specific services — booking, client accounts, orders — not generic "online services"?
2. Are the technical conditions current: which browsers and devices we support, whether the app works offline, what file limitations exist?
3. Are the contract conclusion and termination rules clear: how does the client create an account, how do they close it, what happens to data after account deletion?
4. Is the complaint procedure specific: what address to send complaints to, what timeframe for response, do you confirm receipt?

Then check three practical matters:

• The terms link must be visible next to the booking or registration button, not only in the footer.
• The page should display the publication date of the current version.
• It's worth archiving previous versions — if you change the terms, the previous version should remain accessible to clients who entered contracts based on it.

Remember: this audit doesn't replace legal consultation. The Act on Providing Services by Electronic Means provides the legal framework — specific clauses that protect your business and clearly inform the client require professional drafting.

How it looks in a booking system

An online booking system can relieve you of part of the work related to terms, though the document text still requires lawyer preparation. Here's what a correct flow looks like:

This automation isn't mandatory, but it significantly reduces error risk. The client knows which version they accepted, and you have proof in case of a dispute.

See how the booking system (Booking Systems) works in practice — check the process from the client side and what you can configure in the admin panel. If you need online booking launched with confirmations and reminders that manage themselves, you can order implementation. If you're interested in a website with full booking terms and forms, check the business websites (Websites and stores) offer. And if you lack a tool for handling leads, clients, content and statistics in one place, see Admin panels tailored to your process. Need forms that encourage customers to get in touch? Check out Lead forms with conditional logic. And if you need content for your site, Copywriting will help sell your service.

Frequently asked questions

Do I need terms if I only add a contact form?

If the form works automatically — for example, sends confirmation, saves data to a database, or triggers another process — you fall within electronic services. Even a simple "call me back" form may require terms if the system saves the inquiry and sends an automatic reply. It's worth checking individually.

Does a PDF format terms meet the requirement of a way enabling "obtaining and preserving content"?

Yes, provided the file is available for download without requiring login or providing additional data. PDF allows reproducing and saving content, meeting the statutory requirement.

Can I use one set of terms for all my online services?

You can if the terms actually describe all services you provide electronically. If you run a salon and online store, but the terms describe only one of these models, you need to cover both or prepare separate documents.

What are the penalties for missing terms or making them inaccessible to clients?

Primarily, the risk of court dispute where terms provisions cannot be opposed to the client. The Personal Data Protection Office (UODO) may also scrutinize terms in the context of GDPR requirements, especially if the document concerns personal data processing.

Do I need to inform the client about every terms change?

The Act doesn't impose an obligation to notify about changes, but good business practice suggests informing active clients about significant changes. For distance contracts, courts may also interpret silence as consent if the client had no opportunity to review the new version before using the service again.