General conditions of Cooperation

General terms of cooperation
1. These general terms and conditions are the basis of cooperation between SPARK sp. z o.o. based in Warsaw (hereinafter referred as to: “SPARK”) and its business partner (hereinafter referred as to: “PARTNER”), who provides tourist services to its clients (hereinafter referred as to: “PARTICIPANTS”). These conditions shall be binding, in case the Parties do not decide differently (for example in an agreement regarding specific offer or in further, more detailed agreement).

2. SPARK provides services (as singular ones or as parts of longer, touristic event):

a. booking of hotel rooms, conference halls or other specific hotel services (such as pool, sauna, SPA, etc.)
b. services of city guides and tour leaders,

c. booking the means of transports (such as taxi, bus, coach, car, etc.) and

d. transfers with use of SPARK’s company car,

e. booking and/or purchase of plane, train, bus, city bus tickets,

f. booking of tables/rooms in restaurants, canteens, pubs and clubs,
g. assistance in purchasing tickets for concerts and sport events and
h. other services not mentioned above, such as tourism consulting, drafting schedules of the trips, etc.

3. The Parties will determine in each single, detailed agreement, which of the services mentioned in point 2 above, will be provided by SPARK under that agreement.

4. Request, offer, agreement, declaration of will, withdrawal from contract or it’s part, may be delivered to the second Party in writing, including electronic mail form. Default email address of SPARK is info@poland-incoming.eu. In case of any doubts, this email address should be used to communicate with SPARK. Physical address and registry number of SPARK can be found in footer of this document.
5. Regarding service mentioned in 2.a above (booking of hotel rooms, conference halls or other specific hotel services ), SPARK informs PARTNER about conditions of payment, changing and cancelation of booking, on the basis of conditions presented by the hotel. Payment for the service is made on basis of proforma invoice, issued by SPARK.

5.1 In case the abovementioned information is not detailed either in an offer (itinerary) or in proforma invoice, one should assume, that free cancelation is possible until 45 days before first overnight. Till this day PARTNER is obliged to pay 30% of total price on SPARK bank account. The rest of the price should be paid up to 35 days before first overnight.

5.2 Lack of advance or payment due at the agreed date, might be considered by SPARK as Partners declaration of the termination of the agreement.

5.3 In case of agreements termination, said in 5.2 above, SPARK will return advance and payments received from the PARTNER within 30 days from the agreed payment date. The received amount will be reduced by the direct, non-refundable costs of service or touristic event (such as non-refundable advances payed to hotels, costs of bank transfers, changes in currency rate, etc.).

6. If no detailed provisions were made, rules specified in 5.1-5.3 above, apply to services mentioned in 2. b-f respectively.

7. SPARK shall have the right to change price of service or touristic event, if after the day the PARTNER has accepted the offer, and before the day when final payment was made:
a. the prices of bus, planes, railway and/or tourist attraction tickets, which were included in the service/touristic event, increased,
b. new laws that directly affects the price were established (for example new tax was establish or a fee was raised),

c. in case the payments are due in other than Polish currency (other than PLN): if the Polish currency (PLN) rose more than at least 7% from its value reported at SPARKs offer date (according to official exchange rate of Polish National Bank),

d. if the PARTNER changed the number of people in the group or any other details of service/touristic event, to the extent that affected the price and more than it was allowed in the offer.
8. In case of any event mentioned in point 7.a.-d. above, SPARK will inform and present updated offer to the PARTNER, who should accept it in the term specified. If the PARTNER rejects the updated offer, SPARK may consider the agreement as terminated. All payments received, will be returned to the PARTNER according to point 5.3 above, within 30 days from the date of offers rejection or from the expiry of the term for offer acceptance.

9. Basing on its long-term experience, SPARK will exercise diligence in choosing the best hotels, transfers, restaurants, guides, tour leaders and other services provided for the PARTNER.

10. Regarding to the service of restaurant meals and tables booking (point 2.f.), the PARTNER is obliged to send SPARK, before menu was proposed, list of:
a. requirements regarding meals (for example if any vegan, kosher, halal, meat-free dishes will be required),
b. list of PARTICIPANTS with food allergies along with list of meals/ingrediencies they cannot consume.

11. SPARK is not responsible for damages, which occurred during services SPARK provided or touristic events that SPARK has organized, that were not culpable by SPARKs employees, for example: harms or damages as results of accidents, theft of PARTICIPANTS money or belongings, damages inflicted due to force majeure (like, but not limited to bad weather, disease, strikes, protests, demonstrations, war, non-culpable delays in transfer etc.) or due to action of third-party actors, or due to culpable behavior of PARTICIPANTS or PARTNER itself.
11.1 If there appears discomfort or allergic reaction among the PARTICIPANTS in connection with providing services specified in point 2.f. and 10., and the PARTNER did not provide SPARK with information mentioned in 10.a. and 10.b. in the specified term, PARNER is fully responsible for any damages or claims of the PARTICIPANTS. In such case SPARK and/or service provider are free from any responsibility.

12. In case of any courts, arbitration courts or administrative proceedings, regarding damages – which SPARK is not responsible for – SPARK will provide PARNER and/or PARTICIPANTS with any information necessary to pursue claims against specific services providers.

13. In an offer SPARK specifies all services included in touristic event/service provided. Payment for services not specified, products or damages, inflicted by PARTICIPANTS (for example: for items taken from hotel-room fridge; alcohol drinks not mentioned in price; cost of restoration of hotel room due to damage inflicted by guests; taxi rides, plane tickets or other tickets not mentioned in an offer etc.) is joint and several liability of PARTICIPANTS and PARTNER (in sense of polish Civil Code, that is – SPARK has the right to choose whether charge the PARTNER or the PARTICIPANTS). PARTNER is obliged to pass information about after mentioned non-listed services and products payment policy to the PARTICIPANTS. Payment for such products, services or damages is made on spot (for example at hotel reception) or according to invoice issued by SPARK, up to 7 days after it was delivered.
14. To calculate claims between SPARK and Partner, related to the services and/or touristic event, the Parties agree to use Frankfurt Table as calculation basis.

15. Prices, rates and information related, received by PARTNER from SPARK, are business secrets. They cannot be passed by PARTNER to anyone, who is not its employee/team member. SPARK has the right to withdraw from his offer or terminate the agreement/agreements immediately, in case the PARTNER disclose these business secrets.

16. Any and all disputes arising between SPARK and PARTNER shall be settled by the competent Courts of SPARKs registered office.

17. This agreement is made in English. In case of any doubts, English text of the agreement is binding. However, the agreement is subject to Polish law.

Warsaw, 19.02.2019