1. Whenever these “Terms and conditions of participation in tourist events organised by the POLAND ACTIVE Travel Agency” refer to:

a.     Terms and Conditions, it shall mean the “Terms and conditions of participation in tourist events organised by the POLAND ACTIVE Travel Agency”;

b.      Event, it shall mean a tourist event organised by the Maciej Szymoniak POLAND ACTIVE Travel Agency;

c.      Organiser, it shall mean the Maciej Szymoniak POLAND ACTIVE Travel Agency;

d.     Client, it shall mean a person intending to enter or that have entered into an Agreement for participation in a tourist event organised by the Maciej Szymoniak POLAND ACTIVE Travel Agency, for themselves or for another person (with the conclusion of this Agreement not being the object of this person’s business activity); as well as a person for which the Agreement has been concluded and a person the right to use tourist services covered by a previously concluded Agreement has been transferred to.

e.      Agreement, it shall mean the whole of mutual rights and obligations under an Agreement for participation in a tourist event, these Terms and Conditions, the information on the terms and conditions of insurance and the Event programme.

2. The Organiser is entered into the Register of Tourist Organisers and Intermediaries kept by the Marshal of the Małopolskie Voivodeship (Province) under No. Z/34/2010.

3. The Organiser holds an Insurance Guarantee at Towarzystwo Ubezpieczeniowe AXA, policy No. 00.540.404, for 2011/2012, of 28 June 2011.

4. The Organiser undertakes to render services in accordance with these Terms and Conditions, the Agreement and the offer.

5. These Terms and Conditions, the Event programme and the terms and conditions of insurance shall constitute integral parts of the Agreement and shall cover events organised by the Organiser on the territory of the Republic of Poland and countries having a land border with the Republic of Poland, and in the case of the Russian Federation – in the Kaliningrad Oblast.

 

1. The Client shall be obligated, prior to the conclusion of the Agreement, to familiarise himself or herself with the Terms and Conditions, the programme of the tourist event and the information on the terms and conditions of insurance. The above documents shall be integral parts of the Agreement. By signing the Agreement, the Client represents that he or she accepts the Terms and Conditions, the Event programme and the terms and conditions of insurance.

2. The conclusion of the Agreement shall be executed by means of the Client signing it and making an advance payment in the amount and within the deadline specified in the Agreement.

3. If the Client is a minor or a disabled person requiring care, the Agreement shall be signed on their behalf by a parent or a legal guardian.

4. Collective applications shall be signed by the authorised persons. The person signing the Agreement on behalf and for third parties represents that he or she holds a power of attorney for concluding the Agreement. In the event of amendments to the Agreement, the authorised person represents that he or she is acting under a valid power of attorney that has not been revoked. The authorised person represents that the persons granting the authorisation have been familiarised with the Terms and Conditions, the Event programme and the terms and conditions of insurance, have accepted the provisions of these documents and have consented to participation in the Event.

5. The application from a minor shall require written consent from this person’s parent or legal guardian.

6. The authorised person shall provide the personal data of the persons granting the authorisation (list of names of participants) and represent that he or she has been authorised by these persons to make a representation expressing consent to the processing of their personal data or the lack of such consent. The list of names of participants should be provided to the Organiser not later than 5 business days prior to the start of the Event.

7. All personal data disclosed to the Organiser in connection with the conclusion of the agreement shall be protected in accordance with the applicable regulations on the protection of personal data.

8. By signing the Agreement, the Client declares that his or her health condition and the health condition of the persons he or she is representing allows for taking advantage of the services and the programme of the Event being the object of the agreement with the Organiser.

9. In the event of the Organiser purchasing an event organised by another travel agency, the terms and conditions of this agency, which shall be attached to the agreement as an appendix, shall apply.

 

 

1. The Client undertakes to make payments within the deadlines and in the amounts specified in the agreement. The Client failing to make a full payment for a tourist event within the specified deadline and amount shall mean the Client’s withdrawal (agreement rescission) on the terms and conditions for withdrawal from the event.

2. The price specified in the agreement may be increased, not later than 21 days prior to the departure for the tourist event, if the increase is justified by one of the following: increase in the costs of transport, increase in administration fees, taxes or other applicable fees (applicable fees are related to services such as airport fees and loading and handling fees in sea ports and airports) or changes in foreign exchange rates.

3. In the event of concluding the Agreement fewer than 14 days prior to the start of the Event, the Client shall make the full payment in advance, at the moment of signing the Agreement.

 

 

1. During the Event, the Client shall have the right to take advantage of the Organiser’s assistance and care.

2. During the Event, each Client shall be obligated to have a valid document confirming his or her identity (ID card or passport).

3. Participants shall be obligated to provide documents necessary for participation in the Event within the deadline specified in the Agreement.

4. During the Event, the Client shall follow the instruction of the Organiser (the Organiser’s employees, Tour Leaders, Guides) with respect to carrying out the Event programme.

5. The Client shall be obligated to follow order regulations for transport.

6. Minors may participate in Events exclusively under supervision and care from legal representatives or persons authorised by legal representatives.

7. The Client represents that, prior to entering into the Agreement, he or she has been informed by the Organiser of health requirements with respect to taking advantage of the services under the Agreement, including particular threats to life and health.

8. The Client represents that, prior to the conclusion of the Agreement, he or she has been informed by the Organiser of passport and visa regulations.

9.  In the event of a disabled person requiring care taking part in a tourist Event, this person shall be accompanied by a carer.

 

 

1. The Organiser reserves the right to change the dates of the Event or to cancel it should carrying it out be hindered or dangerous for reasons and circumstances beyond the control of the Organiser, such as decisions of national authorities, force majeure, or potentially if the number of Event participants did not reach the minimum specified in the agreement.

2. In the case of the Event being cancelled due to insufficient number of applications, the Organiser shall inform the Client of this fact in writing, within a deadline specified in the agreement.

3. In the event of force majeure or the number of Clients being smaller than the minimum, the Client shall not be entitled to compensation on account of the event not being carried out, but only to a return of the amount paid to the Organiser.

4. The Client shall be notified of the changes in the terms and conditions of the agreement by the Organiser in writing, to the correspondence address and by means of electronic means of contact (electronic mail), to the address indicated by the Client in the agreement, within the deadline specified in the agreement. In such a situation, the Client shall inform the Organiser, not later than seven days from receiving the written information, whether he or she accepts the proposed amendments to the agreement or rescinds the agreement. In the event of agreement rescission, the Client shall have to right to immediate return of all payments he or she had made, with no obligation to pay liquidated damages.

5. Should the Organiser cancel a tourist event for reasons independent of the Client, the Client shall have the right, at his or her discretion, to:

a)      Participate in a substitute event of identical or higher standard, unless he or she consents to participation in an event of a lower standard with a return of the difference in prices,

b)      Demand an immediate return of all payments he or she had made.

 

 

1. Withdrawal from participation in an Event shall have the form of a written representation. The date of withdrawal shall be the date of the withdrawal being delivered to the Organiser.

2. Should the Client withdraw from participation in an Event for reasons attributable to him or her, the Organiser, returning the payment made by the Client, shall set off the costs related to preparing the Event/return the amount paid by the Client less the actual costs suffered by the Organiser.

3. The Organiser shall be obligated to return a part or the whole of the payments within 30 days from the date of the participant’s withdrawal or from the date of recognising a complaint.

 

 

1. The Organiser shall be liable for non-performance or improper performance of the agreement unless non-performance or invalid performance is caused solely by:

a)   The Client’s action or omission,

b)      Actions or omissions of third parties not participating in the rendering of the services under the agreement if these actions or omissions could not be foreseen or avoided,

c)       Force majeure.

2. The Client shall be obligated to observe legal regulations applicable on the territory of the Republic of Poland, and in the case of foreign trips – regulations applicable on the territory of the visited countries. The Organiser shall not be liable for the consequences of the Client violating these regulations.

3. In the event of the Client hindering proper carrying out of the event or the stay of other participants or fails to follow other obligations specified in the Agreement or does not hold the required documents, the Organiser reserves the right to terminate the Agreement through a representative of his.

4. The Client shall be obligated to cover the costs of damage done by him or her during the Event. The liability for damage done by minors shall be borne by their legal representatives under whose care the minors remain.

5. A Client threatening the safety or order during transport may be denied entry to the means of transport or removed from the means of transport.

6. With respect to foreign Clients, the Organiser shall not be liable for the situation resulting from a denial of entry onto the territory of the Republic of Poland or a country having a land border with the Republic of Poland, an in the case of the Russian Federation – onto the territory of the Kaliningrad Oblast. In such case, the Client shall not be entitled to a return of the costs of the Event.

7. With respect to Events involving travelling to the countries having a land border with the Republic of Poland, and in the case of the Russian Federation – to the Kaliningrad Oblast, the Organiser shall not be liable for the situation resulting from denial of entry to the target country. In such case, the Client shall not be entitled to a return of the costs of the Event.

 

 

1. The Organiser offers the possibility of insuring his Clients with a personal accident insurance under a general agreement No. 13386 of 11 August 2010 with AXA Towarzystwo Ubezpieczeń i Reasekuracji S.A.

The insurance shall cover:

 

 

The intention to be covered with personal accident insurance shall be declared by the Client in the agreement, and for group agreements, he shall provide a list of participants not later than 5 days prior to the start of the Event. The list shall contain the following data: name and surname, place of residence and date of birth of the participants.

2. Each Client shall be informed in detail of the type and scope of insurance.

3. Pursuing claims resulting from insurance shall be allowed exclusively within the scope of the insurance policy, directly at the insurance company.

4. The Organiser recommends concluding an insurance agreement with respect to the costs of withdrawing from an event.

 

 

1. In the event of non-performance or improper performance of the agreement by the Organiser, the Client may make a complaint.

2. If, during the Event, the Client discovers defective performance of the Agreement, he or she should immediately inform the Organiser (employee of the Organiser, Tour Leader) of this fact in a manner relevant for the type of service. Regardless of this notification, the Client may make a complaint to the Organiser, not later than within 30 days from the end of the event, indicating the shortcomings with respect to the manner of performing the agreement and specifying his or her demands.

3. The complaint should contain a presentation of the circumstances justifying the complaint and the Client’s demands.

4. The Organiser shall be obligated to examine the complaint and produce a response within 30 days from the date of the complaint being made, and in the event of a complaint made during an Event – within 30 days from the end of this Event. If the Client does not receive a response within the above deadline, it shall be deemed that the Organiser has recognised the complaint.

5. The Organiser shall accept the complaint in writing, within 30 days from the end of the Event. The validity of a complaint shall be determined by the date of making the complaint (the date of sending a registered letter). Complaints made after the deadline shall be rejected.

6. The Organiser hereby limits the liability for non-performance or improper performance of services during a tourist event to twice the amount of the price of the tourist event with respect to each Client.

7. The limitation referred to in § 9.6 shall not apply to personal injuries.

8. The Organiser shall not be bound by a complaint recognised by a Tour Leader.

 

 

1. The Client may transfer his or her rights under the Agreement to a third party eligible for participation in the tourist event if this third party takes over all of the obligations under the Agreement.

2. The transfer of rights to another person should take place not later than 7 days prior to the departure for the Event/start of the Event.

3. In the event of the group carer, the transfer of rights shall be possible if the substitute person has proper qualifications for taking care of the group.

4. The Client and the person taking over his or her rights shall bear joint and several liability for the unpaid part of the price of the tourist event.

 

 

1. These detailed Terms and Conditions of participation in Tourist Events do not violate the provisions of the Polish Act on Tourist Services or the Polish Act on the Protection of Certain Consumer Rights.

2. Invalidity of particular provisions of the agreement shall have no effect on the validity of the entire agreement. This shall also apply to these Terms and Conditions.

3. Potential disputes arising in connection with agreement performance shall be settled by the parties amicably, and in the event of no agreement, the disputes shall be settled a common court competent locally and materially.

4. The relevant provisions of the Polish Civil Code, the Polish Act on Tourist Services and the Polish Act – Transportation Law shall apply to matter not regulated in these Terms and Conditions.