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| 1. PRELIMINARY TERMS OF CONTRACT CONCLUSION 1.1. The expressions used in the contract should be understood as follows: a Terms of Participation – conditions of participation in the proposed sport packages organised in Poland by Tourist Agency “Travel & Action”, a brand owned by “Grupa K2 s.c.”, Gdynia; b Agent – Tourist Agency “Travel & Action”, “Grupa K2 s.c.” Gdynia which acts only as a vendor of following services: accommodation, sport, transport and other services, according to the contract with the Clients; c Client – a person who wants to conclude a sales contract concerning chosen elements which combine to an offer, proposed by the Client, for him or for other persons; d Application contract – a form prepared by the Agent, on the basis of which the Client proposes his offer of contract to the Agent. 1.2. Catalogues, web information and other written information provided by the agent are only an invitation for concluding a contract. The contract is concluded after an offer is made by the Client and then accepted by the agent. The agent confirms his acceptance forthwith, not later than within three working days of receiving the offer. 1.3. The sides of these Terms of Participation are: the agent and the Client, on the stipulation mentioned in 4.2. 1.4. If the contract is concluded for a third party, the person concluding the offer indicates them when making an offer. If a participant does not have legal capacity, his statutory representative acts on his behalf. 1.5. Detailed conditions of event realisation proposed by the agent are described in the documents listed in the application contract. 1.6. The Tourist Services Act does not require that the agent possesses civil liability insurance to cover the costs of the Client’s travel back to his country, as the agent does not organise the transport to Poland and does not act as a middleman in this journey. 1.7. By making an offer of contract conclusion, the Client accepts (as defined in article 23 of the Act, section 1, paragraph 1, with relation to article 7, section 5 of Personal Data Protection Act, with further changes) processing, actualisation and making available his personal data which are indispensable for contract conclusion. 2. PRICE, TERMS AND METHODS OF PAYMENT 2.1. When concluding the contract, the Client is obliged to pay at least 30 per cent of the event price. If the contract is concluded less that 45 days before the beginning of the event, the Client is obliged to pay the entire price, unless the contract says differently. 2.2. If the payment is made in two instalments, the second instalment should be paid not later than 45 days before the beginning of the event, as defined in the contract, unless the contract says differently. 2.3. Non-payment within the time limit defined in 2.2 is tantamount to Client’s withdrawal from the contract and its results are described in point 4.4 of these Terms of Participation. 2.4. The agent can increase the event price only if: a Transport costs increase b Official charges and / or taxes increase c Exchange rates increase 2.5. Price increase, as defined in 2.4, can appear not later than 21 days before the beginning of the event. 2.6. The Client can pay for the event according to his choice: a By bank transfer to agent’s account b By cash, directly to the agent 3. RIGHTS AND DUTIES OF THE CLIENT 3.1. The Client has all the rights defined in the tourist services contract. 3.2. If during the event, due to reasons independent from the Client, the agent does not provide the services determined by the contract which are an important part of the event programme, the agent will provide a sufficient substitute service, with no additional costs for the Client. 3.3. The Client can assign all his rights as defined in the contract to another person who complies with the participation requirements, informing the agent not later than 14 days before the beginning of the event. 3.4. The Client has no right to any refunds of the services which he did not use for reasons independent from the agent. 3.5. The Client is obliged to appear punctually at the meeting point as defined in the contract. 3.6. The Client is obliged to cover the cost of any damage he makes during the event, on the spot (hotel, bus, etc.). 4. WITHDRAWAL FROM THE CONTRACT 4.1. The agent reserves the right to cancel any event, at any time, for independent reasons. 4.2. An event can be cancelled due to lack of participants not later than seven days before the beginning of the event. 4.3. In the above-mentioned situations the agent will make a substitute offer for the Client or will refund the entire sum, without deductions. If the Client who receives a substitute offer does not send a written withdrawal within three working days of receiving it, it is recognized that he has accepted it. 4.4. The Client has a right to withdraw from the contract at any time. A withdrawal requires a written form in order to be valid. Then the Client is obliged to return all travel documents issued by the organiser and he has the right to a refund after deduction: a Of 20 per cent, if the withdrawal is made not later than 45 days before the beginning of the event, b Of 30 per cent, if the withdrawal is made between 44 and 30 days before the beginning of the event, c Of 50 per cent, if the withdrawal is made between 29 and 15 days before the beginning of the event, d Of 80 per cent, if the withdrawal is made between 14 and 8 days before the beginning of the event, e Of 90 per cent, if the withdrawal is made between 7 and 1 day before the beginning of the event, f Of 100 per cent, if the withdrawal is made on the day of the beginning of the event. 5. AGENT’S LIABILITY 5.1. The agent is responsible for non-accomplishment or improper accomplishment of the tourist services contract, unless the non-accomplishment or improper accomplishment is caused either by the Client’s actions or his nonfeasance or the actions or nonfeasance of a third party, who did not participate in providing the services as described in the contract, if these actions or nonfeasance could not be anticipated nor avoided, or if they were caused by some force majeure. 5.2. In case of optional events, concluded by Clients on the spot with local merchants, the agent has no liability as defined in the Tourist Services Act (he acts only as a middleman). 6. COMPLAINTS 6.1. If a fault in contract accomplishment is not repaired, the Client should present a written complaint within 14 days of the end of the event, directly to the agent. 6.2. The complaints will be investigated forthwith, not later than: a Within 30 days of the event’s end, if the complaint is presented to the courier during the event b Within 30 days of receiving the complaint, if it is presented after the event. 7. LEGAL BASIS FOR THE CONTRACT, LEGAL CONSEQUENCES RESULTING FROM THE CONTRACT, FINAL DECISIONS 7.1. If there is a contradiction between the contract and these Terms of Participation, the sides are bound by the contract. 7.2. As for matters which are not regulated by these Terms of Participation, following acts apply: a Tourist Services Act from 27 August 1997 b Civil Code 7.3. Possible disputes which may appear in connection with the accomplishment of this contract will be settled out-of-court. If no agreement is reached, a local court in the place of contract conclusion will settle the dispute. PRIVACY POLICY „Travel & Action”, Grupa K2 s.c. states that: 1. Any non-personal information is gathered automatically for administrative purposes. On this basis statistics concerning web site users, their movements and behaviours are made. 2. Any personal information is gathered openly and only with a clear consent of the user. These data is never handed over to a third party without the user’s approval. Moreover, the user has the right to browse, modify or erase them at any time. 3. All adequate measures have been made in order to provide proper protection of personal data storage, with special concern for blocking unauthorised access. However, due to independent reasons, the liability of Travel & Action, Grupa K2 s.c. is limited to the dangers resulting from glaring negligence. 4. In order to streamline site functioning, some text files, so-called cookies, can be saved on user’s hard drive. The purpose is to identify user’s computer for a faster access to indispensable resources and for statistic purposes. |
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