TERMS AND CONDITIONS OF PARTICIPATION IN TOURIST EVENTS ORGANISED BY DARTUR TRAVEL OFFICE IN LUBLIN
Before concluding a contract for participation in a tourist event, the Participant is obliged to familiarise himself/herself with the programme of the event, the description of the facility, the scope of services and these terms and conditions of participation and additional information relating to the specific tourist offer.
AND GENERAL PRINCIPLES
(1) In the case of a group booking, the Participant shall indicate the persons who participate in the tourist event with him/her. The participants of the event are then the persons listed in Appendix 4 to the Agreement - List of Participants.
(2) In the event of a change in the personal and other data provided in the Agreement, the Participant is obliged to notify the Organiser immediately.
(3) The Participant may, without the consent of the Organiser, transfer to a person who fulfils the conditions for participation in the tourist event all rights to which he is entitled under the Agreement, if at the same time this person assumes all obligations arising from the Agreement. The transfer of rights and the assumption of obligations shall be effective vis-à-vis the Organiser if the Participant notifies the Organiser in a durable medium no later than 7 days prior to the commencement of the tourist event. If the transfer of rights and the assumption of obligations entails additional costs for the Organiser, the Organiser has the right to demand their payment. The Participant and the person taking over his/her rights shall be jointly and severally liable for the unpaid part of the price of the tourist event and the costs incurred by the Organiser as a result of the change of the Participant in the tourist event.
(4) The Organiser shall immediately provide appropriate assistance to a Participant who finds himself in a difficult situation. The assistance consists in particular in providing:
(a)relevant information on health services, local authorities and consular assistance;
(b)The Participant shall be assisted in the use of means of distance communication, including electronic means of communication, and in the use of alternate benefits.
(5) The Organiser may demand a fee for the assistance referred to in paragraph 4 above if the difficult situation arose due to the Participant's sole wilful misconduct or gross negligence. The amount of the fee shall not exceed the actual costs incurred by the Organiser.
II TERMS OF PAYMENT
(1) With the conclusion of the Contract, the Participant is obliged to pay to the Organiser an advance on the price in the amount indicated in the Contract, up to 30% of the price of the tourist event.
(2) The balance shall be paid by the Participant between 29 and 14 days prior to the commencement of the tourist event, unless otherwise specified in the Agreement.
(3) For the organisation of the tourist event, the Organiser shall issue a VAT invoice or receipt.
4 Payment will be made in cash to the Organiser or to the Organiser's bank account No. 26 1020 3147 0000 8502 0134 08501.
(5) The organiser may only increase the price as a direct consequence of the change:
(a)the price of passenger transport resulting from changes in the cost of fuel or other sources of power,
(b)the amount of taxes or charges on the tourist services covered by the Contract imposed by entities not directly involved in the execution of the tourist event,
(c)currency exchange rates relevant to the tourist event in question.
(6) The price agreed in the Contract may not be increased during the period of 20 days prior to the start date of the holiday.
(7) The Organiser will notify the Participant in a durable medium of the price change and justify the increase and indicate how it was calculated.
(8) The Participant shall be entitled to a price reduction corresponding to the cost reductions referred to in paragraph 5 above that occur after the conclusion of the Agreement and before the commencement of the travel event. In the case of a price reduction, the Organiser may deduct the actual service costs from the reimbursement due to the Participant.
(9) The price may be increased or reduced by the difference in the costs indicated in paragraph 5 above as at the date of conclusion of the contract compared to the date on which the increase/decrease occurs.
10. in the case of group bookings, if there is a reduction in the number of Participants, the price of the event per person may increase proportionally. . The total price from all Participants indicated in the Contract (total event value) will not change.
III AMENDMENT OF THE CONTRACT, WITHDRAWAL FROM THE CONTRACT
(1) The Organiser may unilaterally amend the terms and conditions of the Agreement before the commencement of the tourist event in the event that the amendment is insignificant and the Organiser shall inform the Participant of this in a durable medium.
(2) In the event that the Organiser:
(a) before the commencement of the tour, is obliged to change the main characteristics of the tourist services referred to in the Contract, or
(b) cannot comply with specific requirements set out in the Agreement, or
(c) proposes a price increase in excess of 8% of the total price of the holiday event in accordance with point II(5) above
shall immediately notify the Participant of this on a durable medium. The Organiser may at the same time offer the Participant a substitute tourist event, if possible of the same or higher quality.
(3) The Participant shall inform the Organiser within the time limit set by the Organiser that:
(a) either accept the proposed amendment to the Agreement or
(b) withdraw from the Agreement in return for reimbursement of all payments made and without any obligation to pay a withdrawal fee, or
(c) cancels the Agreement and accepts a substitute package tour.
(4) If the changes to the Contract or the substitute tourist event lead to a reduction in the quality or cost of the tourist event, the Participant shall be entitled to an appropriate price reduction.
(5) In the event that the Agreement is terminated as a result of the withdrawal referred to above, the Organiser shall, no later than within 14 days of the date of termination of the Agreement, return the payments made by or on behalf of the Participant. The Participant shall be exempt from paying the withdrawal fee.
(6) The Participant may withdraw from the Agreement at any time prior to its commencement. In this case, he/she is obliged to pay a withdrawal fee in the amount of the actual costs incurred by the Organiser.
(7) The Participant may withdraw from the Contract prior to the commencement of the tourist event without incurring a cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity which have a significant impact on the execution of the tourist event or the transport of the travellers to the destination. The participant may only claim a refund of the payments made for the travel event, without compensation or redress in this respect.
(8) The Organiser may terminate the Contract and make a full refund to the Participant of the payments made for the travel event, without additional compensation or redress, if:
(a) the number of persons who have registered to participate in the tour is less than the minimum number of persons stated in the Contract, and the Organiser has notified the Participant of the termination of the Contract by the date stated in the Contract, but no later than:
-20 days prior to the start of a tour lasting more than 6 days,
-7 days prior to the start of a tour of 2-6 days,
-48 hours before the start of the tour lasting less than 2 days, or
b) the Organiser is unable to fulfil the Contract due to unavoidable and extraordinary circumstances and has notified the Participant of the termination of the Contract immediately prior to the commencement of the tourist event.
(9) The Organiser shall refund the fees and contributions referred to in paragraphs 7 and 8 above within 14 days of the termination of the Agreement.
(10) A consumer who has concluded an Agreement off-premises within the meaning of Article 2(2) of the Consumer Rights Act of 30 May 2014 may, within 14 days of its conclusion, withdraw from the Agreement without giving any reason or incurring any costs, unless the oral negotiations on the basis of which the Agreement was concluded were conducted on the basis of a prior order placed by the consumer.
IV OBLIGATIONS OF THE CUSTOMER
(1) The traveller shall, at the place of collection, be in possession of a valid and appropriate identity document entitling him to cross the border with the State concerned; this shall also apply to children regardless of age.
(2) In the case of camps, colonies or winter camps, the Participant or his/her legal representative is obliged to provide the Organiser with a duly completed "Qualification Card of the Participant of the camp/colony/consumption camp" up to 14 days before the date of commencement of the event.
(3) During the event, the client is obliged to follow the instructions of the Organiser's representatives in matters relating to the implementation of the programme - the group pilot or chaperone. Failure to comply with the remarks of the aforementioned persons, and above all the undertaking of culpable actions by the Participant and thus hindering the execution of the event, shall result in the immediate termination of the agreement with the Organiser. The resulting costs shall be borne by the Participant (or his/her legal representative) and he/she shall not be entitled to any compensation.
V LIABILITY, REMEDY, CLAIMS
(1) The Organiser shall be responsible for the proper performance of the tourist services covered by the Contract, whether such services are to be performed by the Organiser or by other suppliers of tourist services.
2 The organiser is responsible for the conduct of the event in accordance with the offer and the agreed quality and standard of services.
(3) The participant is obliged to inform the Organiser of any discrepancies found during the execution of the tourist event immediately, if possible during the tourist event.
(4) If any of the tourist services is not performed in accordance with the Agreement, the Organiser shall rectify the non-conformity, unless this is impossible or involves costs that are disproportionate to the extent of the non-conformity and the value of the tourist services concerned.
(5) If the organiser fails to provide the services stipulated in the contract and which are an essential part of the tourist event during the duration of the tourist event, the organiser shall, without imposing additional costs on the participant, provide appropriate substitute services as part of the event.
(6) If the quality of the substitute services is lower than the quality of the service specified in the programme of the tourist event, the Organiser shall grant the Participant an appropriate reduction in the price of the tourist event.
(7) The Participant may only reject the proposed substitute benefits if they are not comparable to what was agreed in the Contract or if the price reduction granted is inadequate.
8 In the event that the non-conformity materially affects the performance of the tour event and the Organiser fails to rectify the non-conformity within a reasonable period of time set by the Participant, the Participant shall have the right to terminate the Contract without a termination fee.
(9) If it is not possible to offer substitute services or the Participant rejects them, the Participant shall be entitled to obtain a reduction in price or compensation or damages, without termination of the travel contract.
(10) The Participant shall be entitled to a price reduction for any period during which the non-conformity is found, unless the non-conformity was caused by the Participant's sole act or omission.
(11) The participant shall be entitled to compensation or damages for any injury or damage suffered as a result of non-compliance.
12 The Participant shall not be entitled to compensation or damages for non-compliance if the Organiser proves that:
(a) the Participant is at fault for the non-compliance;
(b) the non-conformity is the fault of a third party not connected with the performance of the tourist service covered by the travel contract and could not have been foreseen or avoided;
(c) the non-compliance was due to unavoidable and extraordinary circumstances.
(13) Where specific provisions limit the extent to which, or the conditions under which, compensation or indemnity is payable by the travel service provider as part of the travel event, the same limitations shall apply to the Organiser.
(14) In cases other than those arising from specific provisions of the limitation of the scope or conditions of payment of compensation or redress, the compensation payable to the Participant by the Organiser shall not exceed three times the total price of the tourist event. This limitation does not apply to personal injury or damage caused intentionally or through negligence.
15 The price reduction, compensation or indemnity shall be reduced accordingly if the Participant makes use of the price reduction or indemnity referred to in the special provisions.
(16) In the event that the Event Participant causes damage to property or to the person, the Participant shall be civilly and criminally liable for the damage caused. In the event that the Organiser repairs the damage caused by the Event Participant, the Organiser is entitled to claim reimbursement of the value of the repaired damage and compensation for damage to reputation.
VI COMPLAINTS HANDLING, OUT-OF-COURT DISPUTE RESOLUTION
(1) If the Participant finds non-compliance in the course of the tourist event, he/she has the right to lodge a complaint.
(2) In order to prevent damage, a complaint must be submitted by the Participant without delay so that the Organiser can intervene and clarify the matter as soon as possible, no later than 30 days after the end of the tourist event.
3. the complaint should be submitted on paper or electronically (by e-mail), possibly on another durable medium, and should be addressed to the Organiser at ul. Fabryczna 3/10B, 20-301 Lublin or by e-mail: dartur.lublin@gmail.com.
(4) The complaint shall contain data enabling the identification of the Participant and the event in which he/she participated, the subject of the complaint, an indication of non-compliance and a statement of the demands.
(5) If a complaint is made after the deadline, the Organiser shall be entitled to declare it ineffective, which shall not limit the Participant's right to pursue the complaint in court.
(6) The Organiser is not obliged to respond to a complaint. Failure by the Organiser to respond within 30 days of receipt of the complaint shall not constitute recognition of the Participant's claim.
If the complaint is not upheld or if the Participant is still dissatisfied with the outcome of the complaint, the Participant has the right to use the out-of-court complaint and redress procedure.
(8) The following provisions are for information purposes only and do not constitute an obligation for the Organiser to use out-of-court dispute resolution procedures. The Organiser's statement of consent or refusal to participate in the out-of-court consumer dispute resolution procedure shall be submitted by the Organiser in writing or on another durable medium in the event that the dispute has not been resolved following the complaint submitted by the Participant.
9. performing the obligations imposed by mandatory provisions of law, the Organiser informs that the entity authorised to conduct proceedings for out-of-court settlement of consumer disputes to which the Organiser is subject is the Trade Inspection - Regional Inspector of Trade Inspection in Lublin, ul. Tomasza Zana 38 c, 20-601 Lublin; https://www.ihlublin.pl/.
(10) Information on the out-of-court resolution of consumer disputes through the platform set up by the European Commission can be found at: http://ec.europa.eu/consumers/odr/.
(11) The Participant may also obtain assistance regarding his/her rights and any dispute between him/her and the Organiser by contacting the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Konsument Federation, Polish Consumers Association) or by using the information available on the website of the President of the Office of Competition and Consumer Protection: www.uokik.gov.pl.
VII INSURANCE
(1) The Organiser shall ensure that each Participant is covered by insurance for travel abroad and accidents at Signal Iduna Polska TU S.A., 31 Przyokopowa St., Warsaw.
2 The type and scope of insurance shall include:
a) for trips abroad /European territory/ Safe Travel package including: medical expenses with assistance and legal aid and protection (basic CL variant) sum insured from 10,000 to 30,000 EUR, rescue costs - 6000 EUR (medical expenses sub-limit), personal accident insurance (NNW) sum insured - 15,000 PLN in the event of death or 100% permanent health detriment, travel baggage /on client's request/ (BP)- sum insured - 1000 PLN.
b) for domestic trips, personal accident insurance in the Republic of Poland (NNW) sum insured up to PLN 5,000, for death up to PLN 5,000.
The terms and conditions of the above insurances form an integral part of this contract. They are available at the Organiser's office and on its website.
The above insurances do not include a premium for chronic diseases.
(3) At the request of the Participant, the Organiser may also additionally cover the Participant with insurance of the costs of the tourist event, including the costs of cancellation of the tourist event due to random reasons, at Signal Iduna Polska Towarzystwo Ubezpieczeń Spółka Akcyjna, KRS: 0000042793, 31 Przyokopowa St., 01-208 Warsaw. The cost of such insurance is determined on a case-by-case basis and amounts to approximately 3 % of the price of the tourist event. The Participant may purchase such insurance on his/her own outside the Organiser and from another insurer.
4 The Insured shall give consent to SIGNAL IDUNA Polska TU S.A. to make available to the Insured by the entities providing health care services the medical documentation and by the NFZ the names and addresses of the health care providers (as well as to release the doctors at home and abroad from the medical secrecy) for the purpose of determining the right to benefit under the insurance contract concluded and the amount of such benefit. The consent is valid provided that the insurance event has occurred.
VIII MANDATORY ORGANISER'S INSURANCE GUARANTEE
The Organiser has an insurance guarantee issued by Signal Iduna Polska Towarzystwo Ubezpieczeń Spółka Akcyjna, KRS: 0000042793, 31 Przyokopowa St., 01-208 Warsaw in accordance with the model form and regulations specifying the minimum amount of the guarantee. The number of the guarantee shall always be indicated on the Contract. Travellers may contact this entity or, where appropriate, the competent authority, i.e. the Marshall of the Lublin Province with headquarters in Lublin, ul. Artura Grottgera 4, 20-029 Lublin.
(2) The participant has the right to inspect the guarantee certificate on the Organiser's website http://darturlublin.pl/ or at the Organiser's office.
IX PROTECTION OF PERSONAL DATA
The personal data administrator is the Organiser - Bożydar Dunin-Kozicki conducting business activity under the name Biuro Podróży DARTUR, 3/10B Fabryczna Street, 20-301 Lublin.
2 Personal Data will be processed in accordance with EU Regulation 2016/679 of 27 April 2016, hereinafter referred to as "RODO".
(3) The Participant agrees that the Organiser may process his/her Personal Data in accordance with the principles described in this section.
4 The Organiser may process the following Personal Data:
a) identification data, in particular name and surname, as well as the number of the travel document and its period of validity, date of birth, nationality, i.e. the data required by the Organiser to make the booking and personal identification number (PESEL),
b) contact data, i.e. personal data enabling contact, in particular e-mail address, telephone number, address of residence.
(5) Subject to all data security guarantees, the Organiser may pass the personal data of Participants to other entities, including electronic payment operators, couriers, carriers, insurers, hotel service providers, suppliers of additional services (e.g. car parks).
6 Personal Data will be processed by the Organiser for purposes related to:
a) the performance of the Agreement concluded with you (legal basis: Article 6(1)(b) of the RODO),
b) the handling of possible disputes and the assertion of claims - which is the Organiser's legitimate interest (legal basis Article 6(1)(f) RODO).
(7) Access to Personal Data may be granted to authorised employees of the Organiser where there is justification for such access due to the tasks performed and services provided. All persons authorised to process Personal Data are obliged to maintain the confidentiality of the data and protect it from disclosure to unauthorised persons.
(8) Personal Data will be processed throughout the term of the Agreement and, after termination of the Agreement, until the statute of limitations for business claims. In the event of possible litigation, Personal Data will be kept at least until the final conclusion of the proceedings in the case.
9 The participant to whom the data relates may exercise the following rights against the Organiser:
(a) the right to request access to his/her Personal Data and to be informed of its processing and, if it is inaccurate, the right to request its rectification (pursuant to Articles 15 and 16 of the DPA),
(b) the right to request the restriction of the processing of his or her data in the situations and on the terms indicated in Article 18 of the RODO (The Participant may request the restriction of the processing of his or her personal data for the period of verification of its accuracy or until his or her objection to the processing is considered. This right is also available if the Participant believes that the processing of his/her data is unlawful, but does not want the data to be deleted immediately or if the Participant needs the data longer than the assumed processing period due to issues of establishing or defending claims),
(c) the right to request erasure pursuant to Article 32(1)(6) of the Act and Article 17 of the RODO ("right to be forgotten"),
(d) the right to transfer Personal Data in accordance with Article 20 of the RODO, i.e. to receive your Personal Data from the Organiser in a structured, commonly used, machine-readable format (via computer), and to request its transfer to another data controller; This right only applies to data provided to the Organiser by the Participant which is processed in connection with the performance of the contract and is in electronic form,
e) the right to object at any time to the processing of his/her Personal Data on grounds relating to his/her particular situation, where the data is processed by the Organiser in pursuit of his/her legitimate interests referred to in point 1(b) and (c) (pursuant to Article 21(1) of the RODO).
10. In matters relating to the processing of Personal Data and the exercise of the rights of the Participants to whom the Data relates, the Organiser can be contacted (contact: dartur.lublin@gmail.com).
11. the Participant to whom the data pertains has the right to lodge a complaint against the processing of his/her Personal Data by the Organiser to the President of the Office for Personal Data Protection (address: 2 Stawki Street, 00-193 Warsaw).