Terms and conditions

 
 

TERMS AND CONDITIONS OF PARTICIPATION IN A TOURISM EVENT

GENERAL

Pursuant to the act of 29 August 1997 on tourism services, the entity organizing the tourism events referred to on this website is: AM Consulting Anna Marzec, with registered office at ul. Podcegielnia 495, 32-003 Podłęże, Tax Reg. No. (NIP) 9451418746, entered in the Register of Tourism Organizers and Intermediaries maintained by the Marshall of the Krakow Province, entry no. Z/26/2018 (hereinafter referred to as the Organizer).

The Organizer holds an insurance warranty, in accordance with the tourism services act, issued byAXA UbezpieczeniaTowarzystwoUbezpieczeńiReasekuracji S.A. with registered office in Warsaw, 00-867 on ul. Chłodna 51and makes timely payments of its premiums to the Tourism Guarantee Fund. The Marshall of the Krakow Province is authorized to act on behalf the clients in matters related to the payment of funds pursuant to insurance guarantee agreements, and in matters related to the payment of funds from the Tourism Guarantee Fund.

The rights and obligations of clients, as participants of tourism events who use the Organizer’s services, are set out in the document of reservation of a tourism event generated automatically by the system available on the Organizer’s website and sent to the email address provided by the Client upon reservation on the websiteand in the provisions of theseTerms and Conditions of Participation in a Tourism Event issued pursuant to Article 384.1 of the Polish Civil Code, which constitute an integral element of the Agreement on Participation in a Tourism Event (hereinafter referred to as the Agreement) and the obligatory provisions of the act of 29 August 1997 on tourism services and of the act of 23 April 1964the Civil Code (i.e. Dz. U. 2014 No. 121 as amended). The Client — pursuant to the act of 29 August 1997 on tourism services — is any person who intends to execute with the Organizer, or has executed with it, an agreement on the provision of tourism services on their own behalf or on the behalf of a third party, and the execution of the agreement does not constitute this person’s business; and the person on whose behalf the agreement was made, andthe person to whom the right to use the Organizer’s tourism services previously covered by the executed agreement has been transferred, pursuant to the provisions of these Terms and Conditions of Participation in a Tourism Event.

EXECUTION OF AN AGREEMENT ON PARTICIPATIONIN A TOURISM EVENT

1. The execution of anAgreement on Participation in a Tourism Event organized by the Organizer takes place through the Client’s creating a reservation in the reservation system available on the Organizer’s website, or over the phone at the number indicated on the website, as well as in person at the Organizer’s Office and through making a payment (in full or in part) of the Price of the Tourism Event.
2. The Execution of an Agreement on Participation in a Tourism Event is an execution of an agreement for the provision of tourism services with the Organizer, pursuant to the act on tourism services of 29 August 1997.
3. The Agreement on Participation in a Tourism Event is generated following the Client’s making a reservation in the reservation system available on the Organizer’s website and sent to the email address provided by the Client upon reservation on the website. This Agreement is an agreement for the provision of tourism services with the Organizer, pursuant to the act on tourism services of 29 August 1997 and is legally binding to the Organizer as a tourism organizer.
4. Provided the reservation does not include other stipulations for payment,then upon making a reservation, the Client accepts the obligation to make the first payment — equal to 25% of the price of the tourism event — within 24 hours of the time of reservation. The remaining amount of 75% of the price of the event shall be paid by the participant no later than 25 days prior to the date of the commencement of the event.
5. Failure to make the payment of the price of the event within the times specified in the reservation or set out above shall result in an automatic cancellation of the agreement for the provisions of tourism services by the Organizer as of the last day of the payment period.
6. By making a payment (in full or in part), the Client purchases a tourism event and accepts the Agreement on Participation in a Tourism Event and is not required to express consent to its execution in any other way, and also confirms that the Client has read and understood the Terms and Conditions of Participation in a Tourism Event organized by the Organizer and, in the event of purchasing an insurance, confirms the receipt of the Terms and Conditions of the KontynentyMultitravel Insurance, pursuant to which the agreement shall be performed by AXA UbezpieczeniaTowarzystwoUbezpieczeńiReasekuracji S.A. with registered office in Warsaw, on ul. Chłodna 51and confirms having read and accepted them.
7. Executing an Agreement on Participation in a Tourism Event results in the Client being entered on the list of participants of the event.

THE CLIENT’S OBLIGATIONS

1. Upon executing an Agreement on Participation in a Tourism Event, the Organizer shall determine the type of documents required and the types of data required to carry out the tourism event (for the purpose of e.g. purchasing airplane tickets) and the form and time of delivering them to the Organizer. The Client, as a participant of a tourism event, is obliged to hold valid documents that grant the Client the right to cross the border of a given state, i.e. a passport or an ID card. Failure to hold such documents or failure to deliver them on time to the Organizer shall be equivalent to the Client’s forfeiting participation in the tourism event.
2. The Client, as a participant of the tourism event, is obliged to have on their person, at the moment of commencing the tourism event, a document confirming the reservation and a proof of payment of the entire amount of the price of the tourism event (failure to possess a proof of payment may make it impossible for the Client to participate in the tourism event due to the Client’s fault), a passport or an ID card (depending on the state of origin).
3. In case of tourism events with airplane or bus transfer, the price of the tourism event includes cabin luggage charge, the dimensions and weight of which depends on individual carriers. There is also the option of purchasing checked luggage allowance. Main luggage charges depend on the date of journey and are determined by each individual carrier. At the time of the reservation, the Client is obliged to select their luggage.
4. In the event of the Client’s exceeding luggage limits specified by a given carrier, the charges resulting from exceeding luggage limits shall be borne directly by the Client, in accordance with the carrier’s rates.
5. In the course of the tourism event, the Client, as a participant of the tourism event, shall be obliged to follow the recommendations of the Organizer, to be on time, and to inform of any intent of leaving the group.
6. In the event of the Client’s causing damage to property or people during the tourism event, the Client shall be liable for the damage up to its full amount. 7. In the event of the Organizer’s remedying the damage caused by the Client during the tourism event, the Organizer shall be entitled to request the return of the value of damage remedied up to its full amount.
8. The Client is entitled to transfer the rights and obligations pursuant to the Agreement on Providing Tourism Services to another party exclusively with the Organizer’s consent. In such an event, the Client undertakes to notify the Organizer thereof, not later than 25 days prior to the commencement of the tourism event. In the event of a transfer of the rights and obligations pursuant to the Agreement on Providing Tourism Services to another party, the Organizer shall be entitled to collect a payment in the amount equal to any actual costs borne by the Organizer as a result of the Client’s transferring their rights and obligations pursuant to the Agreement on Providing Tourism Services to another party.In case of tourism events related to the Organizer’s ensuring airplane transfers and personal services purchased by the Organizer on behalf of the Client without the possibility of return of payment for the service or of transferring the purchased service to another party, the Organizer shall be additionally entitled to collect fees resulting from the airline’s price list and the price lists of suppliers of personal services purchased on behalf of the client.

CANCELLATION, RESIGNATION, CHANGE OF TERMS OF A TOURISM EVENT

1. Due to reasons occurring as a result of circumstances not attributable to the Organizer, the Organizer shall be entitled to make changes to important terms of the Agreement on Providing Tourism Services. The Organizer shall be obliged to inform the Client about the contents of such changes prior to the commencement of the tourism event. Following the receipt of relevant information from the Organizer, the Client, as a participant of the tourism event, shall be obliged to immediately inform the Organizer whether the Client accepts the proposed changes to the terms of the Agreement on Providing Tourism Services, or whether the Client withdraws from the Agreement with a full return of any payments made.
2. In the event that the time between the execution of the Agreement on Providing Tourism Services and the date of commencing the tourism event is longer than 7days, the Organizer shall be entitled to change the price of the tourism event by any actual increase of the cost of transport, customs fees, or taxes, or fees and currency exchange rates. Any change of the price of the tourism event caused by the above circumstance shall not constitute a change of important terms of the Agreement on Providing Tourism Services. In the event of a necessary increase of the price of the tourism event due to reasons set out above, the Client, as a participant of the tourism event, shall be notified of the price increase no later than 5 days prior to the commencement of the tourism event.
3. The Organizer reserves the right to cancel or reschedule the commencement of the tourism event in the event of the occurrence of circumstances such as force majeure or other extraordinary circumstance that the Organizer was not able to prevent or whose causes or results it could not predict.
4. The Organizer shall not be liable for delays of airplane transfers nor buses caused by circumstance not attributable to the Organizer.
5. If the Client, as a participant of the tourism event, fails to commence their participation in the tourism event on the date scheduled, for reasons not attributable to the Organizer, the Organizer shall not be obliged to provide a transfer for the Client in order to enable the Client to participate in the tourism event.
6. The Client’s withdrawal from the tourism event shall only take place in the form of a written statement of withdrawal from the Agreement on Providing Tourism Services, submitted directly to the Organizer or via tourist agents no later than 30 days prior to the date of commencing the tourism event.
7. In the event of the Client’s withdrawal from the tourism event and in the event of the Client’s failure to obtain a visa for the relevant purchased tourism event, for reasons not attributable to the Organizer, the Organizer shall be entitled to collect an amount corresponding to the amount equal to the actual costs borne by the Organizer, no higher than:
a) up to 60 days prior to the commencement of the tourism event — 20% of the price,
b) between 59 and 21 days prior to the commencement of the tourism event — 50% of the price,
c) less than 20 days prior to the commencement of the tourism event — 90% of the price.
8. In the event of tourism events that include airplane transfers, the cost of purchase of an airplane ticket is non-refundable and shall not be refunded. In such an event, the costs indicated above shall be calculated on the total price of the tourism event reduced by the price of the airplane ticket.
9. A refund of costs with the deductions set out above shall be made by the Organizer within 45 days, to the bank account indicated by the Client in the withdrawal document.

REFUND OF THE PRICE OF THE TOURISM EVENT

In the event of a cancellation of the tourism event by the Organizer, or a rescheduling of the tourism event, the participant shall be entitled to a refund of payments made. The Organizer shall make refunds of the relevant payments prior to the commencement of the planned tourism event.

THE ORGANIZER’S LIABILITY FOR DAMAGE.

1. The Organizer shall be liable for failure to perform or improper performance of the Agreement on Providing Tourism Services set out in the agreement executed with the Client, unless the failure to perform or improper performance is caused by action or negligence of the Client, or by action or negligence of third parties, or by force majeure, or due to unforeseeable or unavoidable circumstances.
2. The Organizer’s liability for damage incurred by the Client due to failure to perform or improper performance of the Agreement on Providing Tourism Services shall be capped at twice the amount of the price of the tourism event for each Client. This limitation of liability shall not be applicable to personal injury.

CLAIMS.

1. Any Claims shall be made in writing, on a claim form signed by a representative of the Organizer immediately following the completion of the tourism event at the Organizer’s office, no later, however, than within 14 days of the completion of the event. Following that time, the participant shall only be entitled to submit a claim in the event that the failure to observe the deadline set out above resulted from reasons not attributable to the Organizer.
2. The Organizer shall be obliged to review the claim within 30 days of its successful submission to the Organizer.
3. Representatives of the Organizer shall not be authorized to recognize complaints.

INSURANCE OF PARTICIPATION IN A TOURISM EVENT

1. The Organizer, pursuant to the provisions of the act on tourism services of 29 August 1997, hereby represents that pursuant to insurance agreement no. 5120883executed with AXA UbezpieczeniaTowarzystwoUbezpieczeńiReasekuracji S.A. on 16 March 2018, each participant of a tourism event is covered by the following insurance:
a) personal accident insurance for the amount of EUR 2,000,
b) treatment costs for the amount of EUR 10,000,
c) luggage loss for the amount of EUR 200
unless otherwise provided in the reservation document.
2. The types and scopes of insurance are presented in Insurance Terms and Conditions of KONTYNENTY Multitravel.
3. By executing the Agreement on Providing Tourism Services, the Client confirms, on their own behalf and on the behalf of other participants of the event on whose behalf the Client makes the payment for the tourism event, that prior to executing the Agreement they have received the Insurance Terms and Conditions of KONTYNENTY Multitravel and have read, understood, and accepted the provisions thereof.
4. A participant of a tourism event and the insurer, through the Organizer, may additionally execute an agreement on insurance against costs of withdrawal from participation in the tourism event under the insurer’s terms and conditions set out in the reservation document, or independently of the Organizer at any insurance company that offers this type of insurance.

FINAL PROVISIONS

1. Pursuant to Article 24. 1 of the act of 29 August 1997 on the protection of personal data (Dz.U. of 2002 no. 101, item 926 as amended) AM Consulting Anna Marzec with registered office on ul. Podcegielnia 495, 32-003 Podłęże hereby informs that:
a) it is the administrator of a collection of personal data of the Clients,
b) the Client’s personal data shall be processed for the purpose of marketing of the products and services of the Organizer and shall be made available to other parties only for the purposes of performing the agreement,
c) the Client shall be entitled to access and amend the content of their personal data,
d) providing the personal data to the Organizer is voluntary.
2. By making a reservation of the tourism event, the Client entrusts the Organizer with their personal data and the personal data of any other participant of the tourism event registered by the Client and represents that the Client is the administrator of that personal data, as well as consents to the entrusting of this personal data by the Organizer to other parties with whom the Organizer collaborates for the purposes of the performance of this Agreement. The Organizer hereby undertakes to process the entrusted personal data in accordance with the current provisions of the law, in particular in accordance with the provisions of the act of 29 August 1997 on the protection of personal data (Dz.U. of 2002 no. 101, item 926 as amended).
3. Any potential disputes arising in connection with the performance of the agreement shall be resolved by the parties amicably, and in the event of a failure to reach an agreement, shall be resolved by a public court of appropriate jurisdiction.