Warsaw, 27 of June 2019
General General Terms and Conditions of Participation in a tourist event or of buying service for tourists from SPARK – for and by Individual Customers (hereinafter referred to as the General Terms)
§ 1 General conditions
1. The Tourism Organizer is SPARK travel agency (business activity conducted under the name: Spark sp. z o. o., address: ul. Chłodna 20/56, 00-891 Warszawa, NIP/TIN 5272696432) having appropriate permits and located in the register of organizers kept by the Marshal of the Masovian Voivodship tourism and travel agents at number 1515., hereinafter referred to as SPARK.
2. Individual customer is a person, who will take part in a tourist event or who buys service for tourists [service and event are understood as in the Polish Act of 24.11.2017 on touristic events (Polish: USTAWA z dnia 24 listopada 2017 r. o imprezach turystycznych i powiązanych usługach turystycznych), hereinafter referred to as Participant.
3. The following Participation Conditions form an integral part of the Agreement – of participation in the touristic event organized by SPARK or purchasing a touristic service provided by SPARK (hereinafter referred to as Agreement): by signing the Agreement, the Participant confirms the knowledge of these General Conditions and accepts them as binding.
4. If more detailed provisions regarding the rights and obligations of the parties of the contract are included in the Agreement (for example: on tour booking website, in an email to the customer), these provisions replace the provisions contained in General Terms.
5. Conclusion of the Agreement – agreement is concluded at the moment of accepting the Agreement by the Participant, with the simultaneous payment of a deposit, agreed and specified in the Agreement. The payment for the full price should take place until 60 days before the event at the latest. In the case of signing the Agreement, for less than 60 days before the beginning of the event or the service, the whole price is to be paid.
5a. In the case of contracts concluded via particular web-sites (e.g. on SPARK’s Tourradar.com account, on SPARK’s Facebook.com online shop, on specific part SPARK’s website – https://poland-incoming.eu), the internal terms and conditions of these web-sites may specify conditions of making acts of will via these channels. In general as the moment of conclusion of the Agreement via these channels is considered the moment of confirming its conclusion by SPARK in an appropriate way (for example, by accepting the submission of online tour booking form).
5b. If the contract is concluded by means of immediate confirmation (for example: if it has instant booking option activated), the moment of its conclusion is the moment of it’s acceptance by the Participant.6. The Participant declares that he acts on behalf and with the authorization of persons for whom the services specified in the contract will be provided. General Conditions are also valid for accompanying persons represented by the Participant who signs the contract on their behalf.
§ 2 Change or cancelation of services after signing the agreement
1. SPARK reserves the right to change the terms of the contract, cancel or discontinue of the event for reasons beyond its control, such as force majeure, decisions of state authorities or other institutions.
2. In case that before the start of the event or service, SPARK is forced to change the essential terms of the Agreement with the Participant – due to reasons beyond SPARK’s control – SPARK should immediately inform the client about this fact. In such a situation, the client informs SPARK in writing without delay (also in the form of an e-mail), whether:a) accepts the proposed change of Agreement, b) withdraws from the Agreement and receives a refund of all the benefits provided without the obligation to pay a contractual penalty.c) withdraws from the Agreement and accepts subsidiary touristic event or service offered by SPARK.
3. Lack of a written declaration from the Participant within 7 days, means withdrawal from the Agreement described in § 2 point 2.b.
4. in situations described in § 2 point 1 and § 2 point 2 letter b., SPARK (or its Agent) returns the deposit payment to the participant within 14 days, in nominal value, together with interest due if this contractual deadline of 14 days is exceeded.
5. SPARK reserves the right to cancel the contract for a group tour, in the case of number of Participants in group falls short of 15 participants. SPARK is obliged to inform the Participant of this fact at least:
a. 20 days before start of touristic event lasting more than 6 days,
b) 7 days before start of touristic event lasting between 2 to 6 days,
c) 48 hrs before start of touristic event lasting less than 2 days, § 2 pt 4. applies accordingly.
6. SPARK is responsible for the correct course of the event, consistent with the program and for the agreed quality of services.
8. If SPARK’s obligation is not fulfilled or the quality of services determined by the contract differs from the content of the contract, SPARK undertakes to organize replacement services or refund the value of unrealized services.
9. The Participant’s failure to use the services covered by the program for reasons attributable to him or her shall not constitute grounds for reducing the payment for the event or for compensation for unused benefits.
10. In case situation described in § 2 point 1 takes place during the event or service, return of payment can be reduced by SPARK of the value of already used touristic services (for example: overnights, meals, visits to touristic attractions).
§ 3 Conditions for resignation from the event/service by the client
1. Resignation from participation in the event is deemed to be valid only in writing, which means: in a written letter, email or using dedicated functions of web-sites enumerated in §1 point 5a. In the event of non-attendance, the Participant is not entitled to a refund of the fees incurred.
2. Costs incurred by the Participant in the event of resignation from the reasons on his side, will be settled individually on the basis of documented actual costs incurred by SPARK related to the implementation and performance of the contract.
3. The client may, without the consent of the tourist organizer, transfer to the third party fulfilling the conditions of participation in the event all entitlements due to him or her under the contract, if at the same time that third party accepts all obligations under this contract. The consent for such transfer made by that third party will be regarded as acceptance of the obligations of the contract and these General Terms.
4. The transfer of rights and taking over the duties in question is effective if the client notifies SPARK by email of the transfer no later than 14 days before the event.
5. The client and the person, who the rights were transmitted to, are jointly and severally liable, according to articles 366-383 of the Polish Civil Code, for the unpaid part of the event price and the costs incurred by the organizer as a result of changing the participant.
6. Deposit payment is non-refundable.
7. SPARK may, on its own initiative or at the Participant’s request, waive the deposit, cancellation or handling costs.
8. The Participant has the right to conclude insurance contract for the costs of resignation and additional insurance against chronic diseases.
9. The Participant agrees to exempt physicians treating the client at home and abroad from the obligation to keep medical confidentiality for the insurance company providing insurance mentioned in § 3 point 8, and the permission to provide this insurance company with documentation on the course of treatment.
§ 4 Terms of liability and complaints
1. The Participant is obliged to comply with the regulations and other regulations in force during the event, in all facilities and means of transport.
2. The participant is liable for any damage caused by himself or those who are in his care, paying compensation immediately after the damage, but no later than within 7 days of their occurrence. In case of covering the damage by SPARK, the Participant is obliged to return SPARK all the expenses related to that damage.
2a. In an agreement SPARK specifies all services included in touristic event/service provided. Payment for services not specified, products or services used by Participant (for example: for items taken from hotel-room fridge; alcohol drinks not mentioned in price), is liability of Participant. Payment for such products or services is made on spot (for example at hotel reception) or according to invoice issued by SPARK, in case SPARK covered that costs, up to 7 days after these services were delivered.
3. The participant cannot make changes to the Agreement – himself.
4. If during the event the the Participant finds the contract performed inappropriately, he or she should immediately notify the contractor of the service and SPARK.
5. Complaints regarding the performance of the contract should be submitted electronically to the address firstname.lastname@example.org at the latest within 30 days from the end of the event. SPARK undertakes to consider the Participant’s complaint within 14 days from the date of its submission.
6. Complaints regarding the performance of the contract can also be reported immediately to the tour leader of the event.
6a. The tour leader of the event is obliged to confirm the client’s acceptance of the complaint, and if it is not settled, it will be forwarded to the organizer of the event without delay. I such case, point 5 sentence 2 above is applied accordingly.
7. The circumstances that cause discomforts or difficulties known to the Participant before entering into the Agreement or resulting from the changes to the program admitted by the General Condtitions and the Agreement, cannot be claimed.
8. SPARK shall not be liable for the loss or damage of valuables, money, securities, objects of scientific or artistic value, if these items are not submitted to the deposit at the reception of the resort serving the event. SPARK is not liable for damage caused by force majeure. Force majeure is understood as extraordinary events, independent of the will of SPARK, such as strikes, riots, natural disasters, acts of power, acts of terror.
9. SPARK has appropriate, required by law insurance policies issued bySIGNAL IDUNA nr M515819. The policy is addressed by the Marshal of the Mazowieckie Voivodship.
10. In the case of touristic events and services provided by SPARK outside Poland, all Participants are obligatorily subject to accident insurance and accident insurance.
11. Regarding to the service of restaurant meals and tables booking, the participant is obliged to send SPARK at least 7 days before the touristic event starts, list of specific requirements regarding meals (for example if any vegan, kosher, halal, meat-free dishes will be required) and any information of his or her food allergies along with list of meals/ingrediencies they cannot consume.
11.1 SPARK is not responsible for damages in case of occurrence of food allergies – when the information about them was not passed to SPARK representative before the meal,
12. SPARK is not responsible for damages, which occurred during services SPARK provided or touristic events that SPARK has organized, that were caused without the fault of SPARK’s employees, for example: harms or damages as results of accidents, theft of Participant’s 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.), due to action of third-party actors, or due to culpable behavior of Participant.
13. 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 any third parties.
14. To calculate claims between SPARK and Participant, related to the services and/or touristic event, the Parties agree to use Frankfurt Table as calculation basis.
15. SPARK shall immediately provide appropriate assistance to a traveler who finds himself in a difficult situation,
15.a The assistance referred to in point 15 consists in particular in providing:
1) relevant information regarding health services, local authorities and consular assistance;
2) traveling assistance in using means of distance communication, including electronic means of communication and taking advantage of substitute services referred to in 15 a. In the event that it is impossible to ensure the return of a traveler to Poland from a tourist event organized outside Poland, SPARK will bear the costs of necessary travel accommodation, if possible with a category equivalent to the one defined in the contract for participation in a tourist event, for a period of up to 3 nights.
15 b.The assistance referred to in point 15 consists in particular in providing:
1) relevant information regarding health services, local authorities and consular assistance;
2) traveling assistance in using means of distance communication, including electronic means of communication and taking advantage of substitute services referred to in § 2 point 8. 15 c. The tour operator may request a fee for granting the assistance referred to in points: 15, 15 a. and 15 b., if the difficult situation arose from the sole fault of the intentional traveler or as a result of his gross negligence. The amount of the fee may not exceed the actual costs incurred by the tour operator.
§ 5 Final provisions
1. The Contract and the General Terms are subject to the Polish law. In matters not regulated by these Terms and Conditions, the provisions of the the Polish Act of 24.11.2017 (as amended) on touristic events (Polish: USTAWA z dnia 24 listopada 2017 r. o imprezach turystycznych i powiązanych usługach turystycznych, the Polish Civil Code and any other appropriate Polish laws, shall apply.
2. In the event of legal dispute, the relevant court shall be the District Court competent for SPARK.
3. In case of extrajudical settlement of disputes, the subject responsible for the settlement is Inspekcja Handlowa – Mazowiecki Wojewódzki Inspektor Inspekcji Handlowej w Warszawie ul. Sienkiewicza 3, 00-015 Warszawa, www.wiih.org.pl, e-mail: email@example.com. Complaints can be also issued online, via https://ec.europa.eu/consumers/odr/main/?event=main.home2.show website.
4. In case no contact person is indicated in the Agreement, person responsible for contact with Participant on SPARK side is: Łukasz Błaszczykiewicz, +48 692 437 895, firstname.lastname@example.org
4. This agreement is made in English. In case of any doubts, English text of the agreement is binding.