I. GENERAL RULES
The organizer of the touristic event is ITS Paweł Fabisiak with the main office in Bydgoszcz, holding a Tourism Organizer Permit no. 234 issued by the Marshal of the Kujavian-Pomeranian Wojwodship. The rights and obligations of the customers are defined on the basis of Art. 385 (1) of the Civil Code and the Act of 29 August 1997 on tourist services and its amendments. ITS Poland will be hereinafter referred to as the Organizer. The Organizer's main office is located at Śląska 10-12. General Conditions of Participation are an integral part of the contract for the provision of touristic services.
II. CONCLUSION OF THE AGREEMENT
- Conclusion of an agreement of participation in a tourist event organized by ITS Paweł Fabisiak occurs when the agreement is signed by the Client or the organizing party acting on behalf of the Client or its Agent and the payment of the price referred to in point III.1. is made.
- By Customers the agreement means all the people on behalf of whom the agreement was signed by the person stating their participation in the event.
- The person making the reservation does so also on behalf of all persons reported in the list of participants and takes the responsibility to meet the terms of the agreement by all the participants. The person making the reservation must be at least 18 years old.
- Signing the agreement on behalf of a juvenile participants of the event requires the consent of their legal representatives in writing with signatures authenticated by a notary. Juvenile participants wishing to travel unaccompanied must obtain their legal representatives consent before the event. This document certifies that the legal representatives accept total liability for the juvenile participant during the touristic event prepared by the Organizer.
- Statement of termination or withdrawal (cancellation) of the Agreement may be sent in writing or by fax, apart from the situation described in point III.7. of these General Conditions of Participation. The resignation sent by e-mail does not meet the above requirement.
- The integral part of the contract include: a catalog, price list, special offer, these General Conditions of Participation and errata to the catalog and price list. All the information from the catalog, price list and the General Conditions of Participation are valid on the day of their printing.
III. TERMS OF PAYMENT
- On conclusion of an agreement to participate in tourist event the Customer is obliged to pay to the Organizer 15 % of value of the events, except for the situation described in III.3. below.
- The Customer is obliged to pay the remaining amount of money no later than 21 days before the date of the event.
- If the conclusion of the contract is less than 21 days before the event, the customer is obliged to pay the full price at once on the date of signature of the contract.
- If change of price occurs after the contract was concluded which is described in VII hereof, the customer who accepted the change is obliged to pay an additional sum of money within 7 days of receipt of the information from the Organizer.
- The price of the event is expressed in Polish zloty and includes all the services provided by the Organizer listed in the offer. The calculation, unless noted otherwise, is based on the accommodation of one person in twin room. The prices for the Customer are contractual and they include VAT goods and services tax.
- The date of payment is the day when the money are accepted by the Organizer’s bank and sent to Organizer’s account.
- Failure to pay the price on the dates indicated above in points III.1 to 4 of these General Conditions of Participation denotes Customer's resignation from the event. In this case, the provisions of paragraphs in XII of these General Conditions of Participation shall accordingly apply.
IV. DISCLAIMER / LIMITATION OF LIABILITY
- The Organizer limits its liability for non-performance or improper performance of the contract for the provision of travel services towards each client to double value of the event price. This limitation does not apply to personal injury.
- The Organizer limits its liability for damage caused to the Customer as a result of non-performance or improper performance of the contract in all the cases provided for in international agreements of which Poland is a party, in particular the Convention of 17 December 1962 on the liability of hotel-keepers for things brought by guests (Laws of 1999 No. 22, item. 197), the Convention of 12 October 1929 for the Unification of Certain Rules Relating to International Air Transportation (Journal of Laws of 1933 No. 8, item. 49), together with the Convention of 18 September 1961 supplementing the Warsaw Convention for the Unification of Certain Rules relating to International carriage by Air Performed by other person than the Contracting Carrier (Journal of Laws of 1965 No. 25, poz.167), passed in the Montreal Convention of 28 May 1999., which is implemented in the European Union by regulation (EC) No 2027/ 97 (as amended by Regulation (EC) No 889 /2002) during the Athens Convention of 13 December 1974 on the sea carriage of Passengers and their luggage (Journal of Laws of 1987 No. 18, item. 108), by the Convention of 9 May 1980 concerning International Carriage by Rail (COTIF), together with Annex A – uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail (CIV) (Journal of Laws of 1985 No. 34, item. 158).
- The liability of the organizer is excluded if it involves:
- actions or omission of the Customer,
- actions or omissions of third parties, not participating in the performance of services provided in the contract, if such acts or omissions could not have been foreseen or avoided,
- force majeure.
- The organizer is not responsible for any changes made to the program of the package at the Customer’s request or which were performed on his or her consent. In such situation, it must be stated that the parties have changed the agreement terms on basis of mutual agreement. The Organizer is responsible in this case for the proper execution of the amended agreement as defined in the general principles set out in these General Conditions of Participation.
- The Client is obliged to comply with the passport, customs, health and other regulations of the country to which he or she travels. Any costs incurred as a result of breach of these laws are charged to the Client.
V. RESPONSIBILITIES OF THE CUSTOMER
- The Customer is obliged to yield to any guidance and recommendations of representatives of the Organizer enabling proper realization of the event program. The Customer must respect the provisions on transport from/to their destination and the rules of stay in the hotel moreover, keep to the location and hours of group assembly.
- The Customer is required to hold valid travel documents: a valid passport (for countries outside the European Union), passport or identity card (for countries belonging to the European Union) or a tourist visa when it is necessary. Furthermore, the Customer must comply to custom rules and foreign exchange regulations which are in force in the Republic of Poland and also other countries of transit and destination. This obligation to hold a valid travel document also applies to children, regardless of their age.
- The Customer is obliged to comply with the provisions of law and order, and safety (eg. fire rules, police announcements, airports rules, etc.).
- The Customer shall be liable for damages done to the belongings of the Organizer, other participants, hotels, airlines etc. The Customer is responsible for any damage or loss caused by his fault or the fault of juveniles who are under supervision or care of the Customer. After finding the Customer's fault, the date of payment or way of fixing the damage is established.
- In case of violation of the above-mentioned obligations by the Client, especially failing to follow instructions and commands of the Organizer’s representatives, in situations threatening the safety of the event or other participants, the Organizer may immediately terminate the contract with the client. In such a situation, the stay or return of the Client is at his or her own expense.
- The flight to a destination and the arrival from it are the subject of the conditions contained in the Warsaw Convention from 1929 and its later amendments and annexes adapted to national legislation, the Montreal Convention of 1999 in accordance with European Union Regulations (EC) No 2027/97 on air carrier liability.
- The realization of travel via air is subject to change for various technical or program reasons. Flight timings provided at the time of reservation or in travel documents are only understood as predicted hours and are subject to change (for example, changes are caused by actions to ensure safety of passengers, because of transient overloads of the international air corridors or adverse weather conditions).
VII. CHANGE OF PRICE IN TOURISTIC EVENT
The Price of the event is determined on the basis of existing tariffs, prices, fees and exchange rates. The organizer reserves the right to increase the Price of the event before the departure date due to the increase of transport costs, increase of official fees, taxes or fees chargeable for services such as airport charges, loading and reloading at ports and airports, or currency exchange rates. The customer must be informed of any change in price as soon as possible, but not later than 20 days before the date of the event, the day of departure excluded.
VIII. CHANGE OF SERVICE
- When after the conclusion of the contract and before the event, the Organizer will be forced by reasons beyond his control, change the material terms of the contract with the Customer, the Organizer is obliged to immediately inform the customer about it. In this case, the Customer is obliged within three days from the message about the change of the essential terms of the contract, but not later than 24 hours before departure, to confirm the acceptance of the revised terms of the contract or cancel the event and receive full refund of the fees paid.
- If during the event the Organizer fails to provide crucial services, the Organizer shall without burdening the Customer with additional costs, perform during this event suitable replacement provision. For such replacement service of the same or higher quality the Customer is not entitled to demand any price reduction. For the service of at least the same quality it is considered the equivalent with the standard of at least primary services.
IX. ADDITIONAL PAYMENTS ON THE SPOT
Some part of the costs associated with participation in a tourist event the Client shall pay on the spot itself. They are usually (unless the offer specifies otherwise): entrance fees to some objects - paid to the guides or over to the ticket offices in some attractions, optional excursions - to be paid at the destination to the resident and other charges such as: the drinks at dinners (if all inclusive option doesn’t apply) for the carriage of unusual baggage (such as windsurfing boards, golf equipment, diving equipment, prams, wheelchairs) from airport to hotel and back to the airport, the fee for use of sun beds on the beach, charges for phones in a hotel room, use of the mini bar, returnable deposit for the use of air conditioning, etc. Such payments are listed in the description of benefits, or in the description of the object. Failure to pay such fees may cause for instance refusal of the accommodation by the owner of the facility.
X. CANCELLATION OF THE EVENT
- The Organizer may cancel the event at any time if the event occurs during the event that qualifies as force majeure (eg. natural disasters, war situations, terrorist threats, etc.).
- In the situation of cancellation of the event by the Organizer because of the reasons mentioned in point XI.1 the Organizer will return the total amount paid by the Customer. The Customer is not entitled to any additional claim for damages.
XI. TRIP CANCELLATION, DATE OR SERVICE CHANGE AT CUSTOMER REQUEST
- The Customer may cancel the touristic event at any time. In this case, regardless of the reason of resignation, the Customer is obliged under the Article 746 in connection to the Article 750 of the Civil Code to return to the Organizer:
- all the spendings, which the Organizer has made for the proper execution of the order,
- pay to the Organizer the part of the salary corresponding to their current work, but not more than:
- 120 zł - if the Customer who resigns from the event indicates the Person who overtakes and fulfills the conditions for participation in the event and transfers, in writing, his or her rights to the event. The new person acquiring his or her rights is liable for the payment of full costs associated with the operations change, and for the payment of the total package price. The change of the participant of touristic event is possible only up to 24 hours before the scheduled start of the event,
- 120 zł per person in case of cancellation which is made up to 45 days before the date of the event,
- 15% of the event value for the cancellation between 44 and 31 days before the date of the event,
- 35% of the event value for the cancellation between 30 and 22 days before the date of the event,
- 50% of the event value for the cancellation between 21 and 14 days before date of the event,
- 75% of the event value for the cancellation between 13 and 8 days before the date of the event,
- 90 % of the event value for the cancellation in less than 8 days before the event.
- On the basis of the above rules, the Customer shall bear the costs of resignation also, when they do not show up on time at the airport or at the assembly point, at the time specified in the travel documents or, if the start of the touristic event is impossible because of the lack of necessary documents such as the passport or obligatory visa. Unless the Customer has informed the Organizer before of his or her resignation from the event, the tourist is obliged to inform the Organizer that he or she doesn’t participate in the event by the end of the day on which the tourist event began.
- The organizer has the right to deduct the cost of resignation taking into account the above principles.
- If one or more persons participating in the event resigns from the touristic event, the other participants shall pay the appropriate fee which is in the price list in force at the time of conclusion of the contract in respect of the actual number of people staying in one room or apartment.
- The possibility of change in the place of departure, the date of the event or the hotel on the Customer’s request always depends on the availability of offers. If such a change occurs the Customer resigns from the primary tourist event covered by the Agreement and creates a new application at the same time, this reservation is treated as a new package. The Customer who decides to proceed with such a change is required to cover the costs of its implementation. It is calculated using the appropriate application of the rules relating to the costs of withdrawing from the event. In other cases, the cost of the package changes on client's request will be individually confirmed with the client prior to its implementation. In the event of changes, the monies paid by the Client on the account of the original event (reduced of any costs associated with such a change) will be treated as payment for a new package. Any surplus on the side of the Organizer will be returned to the Client within 21 days from the date of the change. If the Customer is required to make any additional payments to the Organizer for the effectiveness of the changes, the payment period is establish by the Organizer and the Customer individually.
- If the change of the place of departure, date of the event or the hotel is impossible due to lack of availability, the Customer and the Organizer are bound by the original agreement unless the Customer resigns from the package altogether.
- If during the event the Customer finds the performance of the contract in any respect defective, he or she shall immediately notify the Organizer, who as far as it is possible, is required to correct the defect on the spot. The 'prompt notice' obligation means the complaint notification at the earliest opportunity (as in art. 5 paragraph 4 of the Council Directive of 13 June 1990 ( 90/314/EEC )).
- Regardless of the notification referred to above, the Customer may submit a complaint to the Organizer containing indication of weaknesses and the Customer’s demands no later than 30 days from the date of completion of the event. The complaint should be submitted to the Organizer in writing, for the purposes of evidence, in the office in Bydgoszcz, Śląska 10-12/1, 85-235 Bydgoszcz. The complaint should be printed and legible. If the complaint is illegible, the Organizer will invite the Customer to re-submit the complaint in readable form. In this case, the complaint time limits shall be suspended.
- Complaints about the flight routes to/from your destination, delays and baggage damage or destruction are subject to the terms of the Warsaw Convention of 1929 as amended and edited with annexes, Regulation of the European Parliament and Council Regulation No 261/2004 of 11 February 2004 (on the principles of compensation and assistance to passengers in case of denied boarding and of cancellation or long delay of flights). The customer has the right to submit a complaint to the appropriate airline representative, in the case of refusal the Customer has the right to complain to the Civil Aviation Authority (Żelazna 59, 00-848 Warszawa).
- Every Customer is protected by the compulsory insurance of medical expenses (KL), accident insurance (NNW) and baggage in accordance with the General Agreement no. 2000960 concluded by the Organizer with the Signal Iduna TU SA with its registered office in Warsaw at Przykopowa 31, 01-208 Warszawa based on the General Conditions of Insurance. The cost of the compulsory basic insurance HC, accident and baggage handling is included in the event price.
- The subject of the compulsory basic insurance are the costs of medical treatment (KL) with the sum of min. insurance of 15.000 €, consequences of accidents (NNW) with the sum insured 3000 € and the baggage of the sum insured of 300 €.The customer can also buy insurance of the consequences of chronic diseases and cancellation insurance with the package (KR).
XIV. FINAL PROVISIONS
In matters not covered by the General Conditions of Participation apply the provisions of the Civil Code (Journal of Laws of 1964 no. 16, item. 93 and its amendments) and the Act on Touristic Services (consolidated text Journal of Laws no. 223, item 2268 of 2004). Any disputes, the parties shall settle amicably and in the absence of agreement by the competent local court. The invalidity of individual provisions of the contract or of these General Conditions of Participation shall not affect the validity of the entire agreement.
These General Conditions of Participation are valid from 01.01.2012.