GENERAL CONDITIONS OF PARTICIPATION IN TOURIST EVENTS ORGANISED BY BARENTS.PL
GENERAL CONDITIONS OF PARTICIPATION in tourist
events organised by BARENTS.PL Sp. z o.o.
with effect from 17 January 2020
Dear Ladies and Gentlemen, We ask you to read and familiarize yourself with the General Terms and Conditions of the Participation (hereinafter referred to as the GTC) in tourist events organized by BARENTS.PL Sp. z o.o. The conclusion of the Agreement on the Participation in the Tourism Event shall be deemed as your full acceptance of the presented General Terms and Conditions of Participation.
I. GENERAL PROVISIONS
1. Rights and obligations of Customers (alternatively referred to as the Participants) using the services provided by Biuro Podróży BARENTS.PL sp. z o.o., (hereinafter referred to as "BARENTS.PL"/Organizer) are defined by the provisions hereof, the Civil Code Act of 23 April 1964 (i.e. Journal Of Laws of 2014 No. 121 as amended) and the Act of 24 November 2017 on tourist events and related tourist services (i.e. Journal of Laws Of 2019 No. 548 as amended).
2. To secure possible claims of the Customers in case of insolvency, in accordance of Article 7(2) (1-3) of the Act on Tourist Events And Related Tourist Services of 24 November 2017, BARENTS.PL concluded the insurance contract No. 05.527.012 with AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A. with its registered office in Warsaw at ul. Chłodna 51.
3. In order to secure possible claims for reimbursement of money paid by the Customers to BARENTS.PL, the Organizer informs that, in accordance with Article 7(2) of the Act of 24 November 2017 on Events and Related Tourist Services, the Organizer shall pay contributions in the amount due to the Touristic Guarantee Fund. The method of applying for the disbursement of funds from this security is indicated in Chapter 2 of the Act on Events and Related Tourism Services of 24 November 2017.
II. ENROLLING FOR PARTICIPATION IN THE TOURIST EVENT, CONCLUSION OF AN AGREEMENT
1. Enrolling for participation in a tourist event (hereinafter referred to as the Event) organized by BARENTS.PL shall be made by signing the Agreement on the participation in a tourist event (hereinafter also the Agreement) - Annex 1. The GTC shall be an integral part of the Agreement.
2. Signing the Agreement causes the person enrolling to be entered on the list of participants of the Event. At the time of conclusion of the Agreement or immediately after its conclusion the Customer shall be provided with all documents containing relevant data about the event booked on a durable medium . The Customer may request a copy of the Agreement in a paper form, provided that it was concluded in the simultaneous physical presence of the Parties.
3. The signing of the Agreement shall be considered to be the conclusion of the Agreement for Participation in the Tourism Event. The Customer/Participant may make a reservation and sign the Agreement on behalf of third parties, however an appropriate authority therefor shall be necessary, as well as details of other Customers on whose behalf he or she acts. The Customer without legal capacity may make a reservation and sign the Agreement only with the written consent of the legal guardian. Minors may become Participants with the consent of their legal guardian and when they are under his/her constant supervision. The above-mentioned is also responsible for informing the Participants of the tourist event of all the details concerning the tourist event. The Customer/Participant shall be responsible for the payment of the full amount of the tourist event price for all third parties indicated in the Agreement and through paying the tourist event price (advance payment or full price) he/she accepts the Agreement and does not have to otherwise agree to conclusion thereof.
4. Upon signing the Agreement (if there are less than 30 days left before the start of the tourist event, the Customer shall pay the full price of the tourist event), the Customer is obliged to make the first payment of 30% of the tourist event. The remaining amount equal to 70% of the price of the event, shall be paid by the Participant no later than 29 days prior to the date of commencement of the tourist event. Failure to meet the above deadlines shall be meant as the Customer's resignation and withdrawal from the Agreement and the event. Payment for additional insurance, accident insurance, medical expenses, as well as cancellation costs, concluded through BARENTS.PL, shall be made together with the payment of an advance or the whole price depending on the date of booking the tourist event.
5. If the Customer withdraws from the Contract or if he/she does not start the tourist event/service for reasons beyond the control of the Organizer, the Organizer reserves the right to demand payment of the full cost of insurance and amounts equivalent to the actual costs incurred in connection with preparations to organize the tourist event. The calculation of the amounts to be paid shall take into account the costs saved as well as the possibility of alternative use of the tourist services concerned. At the request of the Submitter, the Organizer shall justify the amount of fees for withdrawal from the Agreement. The fee is deducted from the price paid for the event. The remaining amount after deduction shall be returned to the Customer within 14 days after the withdrawal from the Agreement by the Customer. The above shall not apply, if the Act on Tourist Events and Related Tourist Services stipulates that the
withdrawal from or termination of the Agreement is free of charge.
6. All detailed information about the price of the tourist event, payment dates, accommodation, flight, tour guide assistance, transfers, individual insurance, luggage, etc. are included in the Agreement and the tourist event program.
7. Failure to pay the price of the event within the time limits specified in the Agreement may result in cancellation of the Agreement by the Organizer following the summoning the Customer to pay thereof.
8. Prices shall not cover passport, visa, bank and customs fees, transfer from the place of residence to the meeting spot and back or services individually ordered by the Participant during the stay abroad, such as: local excursions (optional), hotel service, telephone and luggage charges, etc.
9. Prices are expressed in Polish zloty or foreign currency and include value added tax.
10. If there are more than 20 days between the date of conclusion of the Agreement and the date of commencement of the event, it is possible to change the original price of the event (which shall occur after the conclusion of the Agreement) due to an increase in transport costs or duties, taxes or fees, or an increase in exchange rates. In case of the need to increase the price of the event, the Organizer is obliged to document the increase in price. The Participant shall be informed about the price increase no later than 21 days before the departure date. Within the period of 20 days before the date of departure, the price shall not be changed. The Customer shall be entitled to a price reduction corresponding to the cost reduction referred to in the first sentence after conclusion of the Agreement and before the start of the tourist event.
11. The Participant has the right to assign the rights and obligations resulting from the Agreement on the provision of tourist services to a third party. In such a case, the Participant undertakes to notify the Organizer of this fact by email or post no later than 7 days before the event is planned to start. In case of assignment of the rights and obligations resulting from the Agreement to a third party fulfilling the conditions of participation in the tourist event, the Organizer shall be entitled to charge a fee which is an equivalent of the actual costs incurred in relation thereto, representing the value of additional costs actually incurred. In case of air events, the Organizer is additionally entitled to charge a fee resulting from the change of data included in the air ticket according to the price list of the airline. The assignor shall be obliged to return the documents received from the Organizer. The assignor and assignee shall be jointly and severally liable for the unpaid part of the price of the tourist event and all costs incurred by the Organizer as a result of changing the Participant.
12. Participants undertake to have valid documents for crossing the border of the country concerned: passport or ID card - they shall be valid for a minimum of six months from the end of the tourist event.
13. When concluding the Agreement, the Organizer shall specify the type of documents and data necessary to complete the trip (e.g. purchase of a visa or air tickets) as well as the date of their presentation or delivery to the Organizer. Absence of such documents or their timely delivery is tantamount to resignation from participation in the event by the fault of the Participant.
14. By concluding the Agreement, the Participant entrusts the Organizer with the personal data of all the Participants of the Tourist Event submitted by him/her and declares that he/she is the data controller. The Participant submitting the application agrees that the Organizer may entrust the above personal data to other entities with which it cooperates during the implementation of this Agreement. When processing the entrusted personal data, the Organizer undertakes, to process them in accordance with the applicable provisions of law, in particular the provisions of the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR).
15. In exceptional situations (i.e. if it is caused by logistical/organizational necessity) the Organizer has the right to indicate the airport of departure and return in a different city than the one resulting from the Agreement. In case of the above mentioned circumstances, the Organizer shall ensure transport to the airport of departure/return.
III. AMENDMENTS TO THE AGREEMENT, CANCELLATION OF THE EVENT, RESIGNATION FROM PARTICIPATION IN THE EVENT
1. In case of circumstances prior to the commencement of the tourist event, forcing the Organizer to change the main characteristics of the tourist services specified in Article 40(1)(1) of the Act on Tourist Events and Related Tourist Services of 24 November 2017 or proposing a price increase exceeding 8% of the total price of the tourist event, the Organizer shall immediately inform the Customer about the content of such changes by e-mail or post, indicating the changes and their possible impact on the price of the tourist event. In such a case, the Organizer may at the same time offer the Customer a substitute tourist event of the same or higher quality, if possible. Upon receipt of such information, the Customer is obliged to inform the Organizer in writing within the next three days whether the proposed amendment to the Agreement is accepted or cancels the concluded Agreement with reimbursement of all fees paid by thereby, without the obligation to pay cancellation fees, or accepts a substitute tourist event and its price if offered to the Customer. The Customer who accepts the proposed amendments to the terms and conditions of the Agreement shall not be entitled to claim compensation for the acceptance of the amendment. If an amendment to the Agreement or a substitute tourist event leads to a reduction in the quality or cost of the tourist event, the Customer shall be entitled to a corresponding reduction in price.
2. The Organizer has the right to make changes to the program of the event before or during duration thereof, if for objective reasons it is not possible to comply with the original plan of the tourist event.
3. If the Participant did not start the participation in the event within the specified time without the fault of the Organizer, the Organizer shall not be obliged to provide transportation in order to enable participation in the event.
4. Resignation from the participation in the event (withdrawal from the Agreement) may be made in the form of a written (or e-mail) statement submitted directly to the Organizer or through travel agencies (travel agents).
5. The Organizer reserves the right to cancel or postpone the start of the event in case of circumstances understood as force majeure (including decisions of state authorities and other institutions, war, natural disaster and other extraordinary circumstances whose causes, occurrence and effects could not be prevented or predicted by the parties).
6. In exceptional situations (i.e. due to logistical/organizational necessity) the Organizer reserves the right to postpone the date of the event by 2 days in the case of air tours, and by 1 day in the case of coach and other trips.
7. If the Participant resigns from the event, the Organizer has the right to collect an amount corresponding to the amount of costs actually incurred.
8. The Organizer shall take steps with due diligence to limit the actual costs and losses associated with the resignation of the Customer from the event, and thus to minimize the cost of resignation taking into account the individual circumstances of the case.
9. Calculation of the costs actually incurred by the Organizer in connection with the resignation of the Customer from the trip is possible only after the planned date of completion of the trip in which the Customer was to participate. In the case of booking events based on line flights, the costs of change/ cancellation shall apply according to the tariff terms available in the booking system. In case of bookings made for individual needs connected with the realization of the trip, the travel is arranged on the basis of a program consisting of services provided by various service providers. Special tariffs of airlines, hotels, local carriers, etc. shall apply.
10. In the case of coach/bus/aircraft events, the costs referred to in paragraph 5 shall be charged on the total amount of the reservation. The aforementioned costs also apply to Participants who, for reasons beyond the Organizer's control, did not receive a visa for the purchased event.
11. Reimbursement of costs shall be made by the Organizer or an agent who makes a sale on behalf of the Organizer.
12. The Organizer may terminate the Agreement by notifying the Customer of the termination of the Agreement within the time limit specified in the Agreement if the minimum number of Participants required or specified in the information contained on the website has not been reached, but not later than: a) 20 days before the start of the tourist event lasting more than 6 days, b) 7 days before the start of the tourist event lasting more than 2-6 days, c) 48 hours before the start of the tourist event lasting less than 2 days.
13. If in the course of the tourist event, the Organizer does not provide the contractual service constituting a significant part of the tourist event, the Organizer is obliged to provide an appropriate substitute service within the scope of the Agreement and without charging the Customer with additional costs. The organization of substitute services of the same standard shall not constitute a defect of the service and shall not be the basis for reducing the price of the event.
IV. INSURANCE FOR PARTICIPANTS
1. In case of foreign events, according to the agreement concluded with AXA TU S.A., insurance policy number 104-312, under provisions of the Act of 24 November 2017 on tourist events and related tourist services, the Organizer declares that each Participant of the tourist event is reported to AXA TU S.A. and, in accordance with the provisions of the general agreement, shall be covered by the "KONTYNENTY" insurance. Detailed type and scope of insurance is presented herein.
2. The Participant may additionally conclude an insurance agreement with regard to withdrawal from the participation in a tourist event, in accordance with the offer of insurers available at the Organizer’s or independently of the Organizer in any insurance company offering such insurance.
V. REIMBURSEMENT OF THE PRICE
1. In case of cancellation of the event by the Organizer, the Participant has the right to the return of the payments made. The Organizer shall return the payments before the planned event begins.
2. The Participant has the right to the return of the payments made also in the event of resignation from the event - after informing the Organizer in writing (or via e-mail) about the resignation, within the deadline and under the conditions specified in point. II and III of the GTC.
VI. OBLIGATIONS OF THE PARTICIPANT
1. The Customer is expected to cooperate with the Organizer in order to ensure that the tourist event takes place in accordance with the Agreement. The Participant of the tourist event is obliged to have at the meeting spot: the Agreement and payment receipt (the absence of the receipt of payment may prevent participation in the event due to the Participant's fault) if he or she has not paid for the trip before or the money was not yet booked on the Organizer's bank account prior the event commencement date, and additionally a passport or ID card (depending on the direction of the trip).
2. In order to provide smooth course of the event, the Participant is obliged to follow the recommendations of the group's tour leader, observe punctuality and inform the tour leader about the intention to move away from the group, and above all, accept local customs, strictly follow them and respect the local people and their traditions.
3. Provide the Organizer with all data necessary to obtain a visa if the Organizer applies for a visa on behalf of the Participants.
4. The Participant is obliged to comply with local laws, behave in accordance with the cultural habits of the country (also in terms of clothing), take care of nature conservation.
5. The Customer declares that there are no contraindications (medical or other) to the participation in the tourist event at the date of signing the Agreement.
6. The Customer shall be informed by the Organizer about the requirements for mandatory vaccinations - The Customer shall make an independent decision whether or not to undergo thereof and shall bear all costs associated therewith and any possible consequences that may result therefrom.
7. In case of participation of the event of sports nature, the Customer is obliged to take care of the entrusted sports equipment and proper secure thereof.
8. Before and during each tourist event (including in particular) of a sporting nature, the Customer shall refrain from consuming alcohol or other intoxicating substances.
9. The Customer shall take into account circumstances beyond the control of the Organizer that delay the return date.
10. The onboarding places and the time of departure/start of the event are given in the information provided by the Organizer.
11. The Participant's non-contractual requests, not indicated literally in the Agreement (e.g. rooms next to each other, sea view, specific floor, specific room number, etc.), do not impose an obligation on the Organizer to fulfil them. Irrespective of this, the Organizer will make every effort to fulfil these requests as far as possible. Failure to meet the non-contractual special requests of the Customer shall not be the basis for making any claims against the Organizer.
VII. CLAIMS, DAMAGES
1. If in the course of the realization of the tourist event, the Customer finds the non-performance or improper performance of the contractual tourist services, then the Customer shall immediately notify the representative of BARENTS.PL at the place of stay and the service provider in a manner appropriate to the type of service.
2. Claims related to benefits shall be made in writing. The limitation period for claiming indemnity or compensation or price reduction is 3 years.
3. The Participant is obliged to take necessary steps to remove or minimize damages in case of possible defects in the course of provision of tourist services. The Participant should first notify the tour leader/guide about the occurrence of the defects and demand removal thereof. If the repair of the damage is not possible by providing substitute services (the same quality of service), the Participant has the right to withdraw from the Agreement.
4. The tour leader shall not be authorized to accept claims.
5. In the event of damage to property or person, the Participant shall be civilly or criminally liable for the damage caused. If the Organizer compensates the damage caused by the Participant, it has the right to demand reimbursement of the value of repaired damage and compensation for loss of the brand.
6. The Organizer shall be liable for non-performance or improper performance of the Agreement on the provision of tourist services, unless such non-performance or improper performance is caused exclusively by: a) an act or omission of the Customer; b) an act or omission of third parties not participating in the performance of services laid down in the Agreement, if such acts or omissions could not have been foreseen or avoided, or c) force majeure.
7. In accordance with the wording of the applicable laws, BARENTS.PL limits its liability for non-performance or improper performance of services to three times the total price of the tourist event for each Customer. This limitation shall not apply to personal injury or damage caused intentionally or negligently.
8. The exclusion of liability for non-performance or improper performance of the Agreement shall not exempt the Organizer from the obligation to provide assistance to the injured Participant during the tourist event.
In accordance with Article 6(1)(b) and (f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR):
1. The Controller of the personal data of the Participants in tourist events is BARENTS.PL Sp. z o.o. with its seat in Wrocław.
2. Personal data such as first name(s), surname, gender, address, email address, telephone number, date of birth, as well as identity document data and other data required by the services of a given country shall be processed only for the purpose and to the extent to which consent has been given, these are data necessary for the organization of the tourist event, including drawing up a correct Agreement, the fulfilment of legal obligations - statutory, tax and accounting, and the realization of legally justified interests of BARENTS.PL Sp. z o.o., i.e. direct marketing of its own tourism products and services.
3. A contact person on the side of BARENTS.PL Sp. z o.o. who is responsible for protection of personal data of the Participants in the tourist events is: Małgorzata Busz firstname.lastname@example.org T +48 508 4321 61 address: ul. Krasińskiego 42, 50-450 Wrocław.
4. The provision of data is voluntary, but necessary for participation in tourist events organized by BARENTS.PL. Without providing personal data it is impossible to conclude the Agreement. Consent to use the data for marketing purposes is voluntary, these data are not transferred to other entities.
5. Data processing/storage:
a) in case of processing of data obtained for the purpose of concluding and performing the Agreement on participation in the tourist event - the time of storage results from the provisions of law, including the Civil Code;
b) where data are processed for the purpose of promoting the services offered, personal data shall be processed until the withdrawal of consent in this respect;
c) In the case of the processing of data obtained for tax and accounting purposes - 5 years from the beginning of the year following the financial year which the data relate to, as well as after the termination of the provision of services to the extent and for the time necessary to settle the Agreement. After the expiry of the above mentioned periods, the personal data provided are deleted.
6. The recipients of personal data shall be only entities authorized to obtain personal data under the Agreement with BARENTS.PL Sp. z o.o. - subcontractors necessary to provide the tourist service.
7. The Participants of the tourist event has the right to access the content of their data, correct and complete them, request removal thereof, lodge a complaint with the supervisory body, i.e. the President of the Office for Personal Data Protection.
8. BARENTS.PL Sp. z o.o. shall provide appropriate technical and organizational measures to ensure the security of personal data entrusted thereto.
IX. FINAL PROVISIONS
The Participant shall authorize BARENTS.PL to record free of charge as well as multiple use of his/her image recorded during the realization of the tourist event covered by the Agreement in a manner unlimited in time and territory. This consent covers the following fields of use: usage, recording, processing and reproduction of the photos taken, trading in the copies on which the image was recorded, and reproduction of the image by all available techniques and methods, distribution and publication, in materials used to promote the activities of BARENTS.PL in particular: media (e.g. Internet), in promotional materials (e.g.: folders, calendars, leaflets, posters, presentations, newsletters), press advertisements, billboards and materials displayed in the open air.
X. FINAL PROVISIONS
1. If the Agreement regulates individual issues otherwise than these Terms and Conditions of Participation, the provisions of the Agreement shall apply.
2. The invalidity of the individual provisions of these Terms shall not affect the validity of the entire Agreement.
3. Any disputes arising in connection with the performance of the Agreement shall be settled amicably by the Parties, or by a competent common court in the event of failure to reach an agreement.