Section.1. Scope of Application:
- The General Terms and Conditions (“GTC”) govern the legal relationship between the tour operator Igą Moskal TATRIO Iga Moskal with its registered seat in Czerwienne (34-407), Czerwienne 347a, NIP: 7343331102 (hereafter “TO“) and the tour participants as well as third parties booking tours for tour participants or acting as agents for tours (hereafter “Customer(s)“) for all services provided by TO, in particular the organization of excursions (hereafter “Tour(s)“).
- TO is a tour operator registered in Voivodship Marshal under number Z/94/2018.
- TO performs touristic services, including accommodation, transport and additional services stated in individual Program of the Tour (“Program”) on behalf of and for Customer(s).
Section. 2 Conclusion of Contract / of Booking:
- Customer(s) may book tailored Tour offer (individually prepared offer for a Customer) via email, telephone or any other medium. Customers may also apply via contact form available online.
- Booking is binding once the contract is signed and Customer accepts GTS not later than 28 days before starting a Tour if a Tour includes accommodation and not later than 20 days before starting a Tour if without accommodation services.
- The contract between the Customer(s) and TO is signed in writing by TO and Customers and once the payment according to section 3 is made. The contract is deemed to be signed in the premises of TO.
- Program is an integral part of the contract, as well as any arrangements made between the parties if explicitly stated.
Section. 3 Rates and Terms of Payment
- The Tour price per person (hereafter “Tour Price“) is stated in EURO in the contract. All prices are quoted including VAT. Prices are subject to change according to section 4 .
- The prices published on a website does not represent a binding offer.
- The payment is due on the day of signing the contract or may be divided into two parts: 50% paid on the day of signing the contract. The additional 50% paid not later than 20 days before the Tour starts.
- The payment is a condition of conducting the contract. The lack of any payment empowers TO to withdraw or refrain from any activities conduced for Customer(s).
- The payment can be done online on an indicated by TO account number. Customer is obliged to sent a confirmation of a payment.
- Statutory interest shall accrue on any amount not paid within the required time limit.
Section 4. Change of price
- TO is entitled to increase Tour Price only if:
- a) transportation prices are increased due to change of petrol or energy sources variation;
- b) local taxes or other due touristic fees and costs incurred by third – parties not involved in a touristic event affect Tour Price;
- c) change of currency affects Tour Price;
- Tour Price cannot be increased after 20 days before commencing a Tour.
- TO informs Customer(s) in writing about change of Tour Price with justification and calculation.
- Customer(s) is entitled to decrease Tour Price in case stipulated in point a) -c) after signing a contract and before commencing a Tour. In that case, TO reimburses difference of costs with respect to service expenses actually incurred. TO presents calculation of expenses on Customer(s) demand.
Section. 5 Terms of participation:
- Customer must be 18 years old and have full legal capacity. Conclusion of the contract on behalf of a minor requires a written consent of his/ her legal representatives. Minors may attend Tour only if legal representative participates in Tour.
- Every Customer is obliged to
- a) be in position of valid identification document (ID or passport) as well Visa if applicable;
- b) demonstrate preventive vaccination if applicable;
- c) obey local rules and law.
- Adequate health and accident insurance coverage is the responsibility of the Customers (including supplementary insurance against sports accidents in case of Tours with sports activities).
- Joining a Tour under the influence of drugs, medicines and/or excessive alcohol is not permitted. Customers undertake to strictly comply with GTC, the terms of participation of third-party providers, the instructions of TO, of third-party providers, of support staff as well as external Tour guides and rescue staff.
- If the Customer is not present in time at the departure respectively meeting point for the start of or during the Tour, TO reserves the right to exclude the Customer from the Tour after a waiting period of 15 minutes for a day Tour and to depart without the Customer. In this case, the Customer is neither entitled to a refund of the Tour Price nor may the Customer claim any damages. Furthermore, Customer must pay for any additional costs (e.g. transportation back to the starting point) him- or herself.
Section. 6. Liability:
6.1. TO’s Liability
- TO assumes liability for rendering services included in Tour and Program. Customer(s) is obliged to notify any discrepancies between offer and service immediately and TO shall .remove inconsistency. If costs are disproportionally high TO may offer adequate service or price diminish if service quality is lower than agreed.
- TO’s liability (except personal injury, damages caused wilfully or by gross negligence by TO) is limited to the triple Tour Price. TO’s liability for consequential damages and lost profit is excluded.
- TO does not assume any liability in case of non-fulfilment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation in section 5).
- Exclusion of Liability in Case of Force Majeure
- TO does not assume any liability for damages based on circumstances that are beyond TO’s control, such as force majeure, natural events, catastrophes, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc.
- All activities for which TO acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer’s own risk.
6.3 Customer’s Liability
- TO expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for an adequate equipment (clothing, footwear, sun protection, etc.) unless agreed otherwise.
- Customer is not entitled for reduction of cost if he/her did not take part in offered activities (included in Program) if Customer has been exclusively liable for omission.
- In case of not fulfilling any of the requirements stated in section 5 by a Customer(s) which results in the cancelation of the Tour or impossibility of its duly execution, TO is not reliable for the miss-performance or non-performance of the contract. In that case TO shall reimburse costs bared by the Customer with regard to Customer(s) obligation to pay costs incurred by TO in relation to Tour organisation. TO reserves a right to deduct mutual liabilities.
- Customer is liable for damages caused by his/hers fault or by any person Customer is responsible for (i.e. legal representatives). If TO compensates damages caused by Customer(s) or any person responsible for, Customer shall reimburse costs within 3 working days from receipt of a settlement of costs.
Section 7. Cancelation or changes in booking:
- Customer has a right to revoke a contract (“Cancelation”) at any time without justification. Revocation must be in writing and is legally binding upon receipt by TO.
- Cancellations and changes in bookings (i.e. any change in the Tour, in the number of Customers or in the Tour date) must be made in writing (including e-mail) and are legally binding upon confirmation by TO.
- For any change of booking after signing a contract a handling fee of 20 EURO in addition to any additional costs of the Tour is due.
- In case of cancellation TO is entitled to receive remuneration proportional to incurred costs, time and effort and following fees apply:
- a) Up to 30 days prior to the Tour start: 10% of the total amount of the initially booked Tour.
- b) 30 to 15 days prior to the Tour start: 50% of the total amount of the initially booked Tour.
- c) 15 – 0 days prior to the Tour start: 100% of the total amount of the initially booked Tour.
- TO reserves a right to deduct mutual liabilities.
- TO is entitled to cancel a Tour with complete reimbursement of costs (100%) and without compensation if contract provides a minimum amount of participants and not enough participants applied. In that case TO may cancel a Tour upon:
- a) 20 days notice if a Tour lasts more than 6 days,
- b) 7 days notice if a Tour lasts 2 – 6 days
- c) 48 hours notice if a Tour lasts less than 2 days.
- In case of any unforeseen and unpredictable circumstances TO reserves a right to cancel a Tour and TO shall not be liable in this matter for any miss-performance or non-performance of a contract. Customer is not entitled to any compensation. Costumer has a right to reimbursement of bared costs.
- TO undertakes to immediately inform the Customer of any changes in services and/or in the Program in case of extraordinary circumstances. If the alternative solution is more expensive than the initially booked Tour or unreasonable for the Customer, Customer is offered withdrawal free of charge. Refunds are effected in the same way as payment has been made. Further compensation for damages due to change(s) in Tour Prices or services is excluded.
Section. 8 Assignment of rights
- Customer(s) without TO’s consent may transfer on a third party all conditions of participation in Tour unless a third party undertakes all obligations.
- The assignment is valid and binding upon receipt of notification by TO.
- In case of any costs arising or stemming from a contract Customer and third party are jointly and severally liable.
Section. 9 Insurance
- TO confirms to have a valid insurance guarantee nr 05.100.790 issued by AXA Towarzystwo Ubezpieczeń i Reasekuracji (TUiR S.A) valid from 20.11.2018 until 19.11.2019 and includes all agreements regarding touristic services conducted in the term of warranty.
Section 10 Complaints
- If Customer(s) have any complaint(s) during the performance of a contract, He/she shall notify TO without delay by any medium. If a complaint has been lodged orally it is advisable to repeat it in writing/email.
- Without prejudice to the above, a Customer has a right to lodge a complaint within 30 days of completion of contract/ Tour. The complaint shall be sent via email email@example.com or via post Czerwienne 347a, 34-407 Czerwienne, Poland. The complaint shall indicate a reason of a complaint, a short description and demand. Customer is entitled to enclose proof.
- TO shall respond without delay in writing and send the answer in writing via email or post.
- The complaint is deemed to be unfounded if Customer knew or have been informed about the circumstances which are the ground of a complaint.
Section. 10 Data Protection
- Customers agree that their data, in particular Customer’s name, address, telephone number, birth date, nationality, gender and credit card details, are collected by TO for the carrying out of certain Tours according to the contract. Such data can be forwarded to third-party providers.
- Customer(s) has a right to access its data, modify it, erasure or restrict processing or to object to processing as well as the right to data portability. Where processing is based on a consent, Customer shall withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. Customer has also a right to lodge a complaint with a supervisory authority.
Section 11. Severability
- In case any of the provisions of these GTC shall be held or become invalid, void or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in GTC becomes evident.
Section 12. Applicable Law and Place of Jurisdiction
- Polish law shall apply to the legal relationship between the Customer and TO.
- For claims against TO, the exclusive jurisdiction of the ordinary courts at the seat of TO is agreed.
- In case of any disputes arising from the online contract between a consumer and TO, please lodge a complaint with Online Dispute resolution platform available https://ec.europa.eu/consumers/odr.