General terms and conditions of travel of Marco der Pole Incoming Tour Operator Legionów Piłsudskiego 23/8, 30-509 Kraków, Poland
(GTC) OF MARCO DER POLE S.J.
The following terms and conditions regulate, insofar as effectively agreed, the contractual relationship between you and Marco der Pole s.j. M. Frysztacki, R. Kawęski (hereinafter referred to as MDP).
The following GTC apply to travel agreements concluded from 4/6/2019.
1.1. These GTC shall be communicated and made available to the customer – and upon request to the registered travel participants – before the booking. The preparation of an individual travel offer as well as the acceptance of a group travel booking by MDP and the conclusion of contract shall be subject to the condition precedent that the customer acknowledges the validity of these GTC and approves them by non-objection both on their own behalf and on behalf of the travel participants registered by them.
1.2. These GTC shall not apply to mediated individual services and travel services which do not constitute a package tour, nor to mediation of associated travel services.
2. Reservation and confirmation
2.1. By making a reservation (booking), which can be done in writing by electronic means, the customer makes MDP a binding offer for the conclusion of a package travel contract for a group or study tour based on the performance specifications, the pre-contractual information and the prices specified in a written offer. The contract shall become effective with the receipt of a declaration of acceptance from MDP. The acceptance does not require any specific form. Upon or immediately following the conclusion of contract, the customer shall receive from MDP a confirmation of the contract (travel confirmation) which shall contain all the important data concerning the travel services booked by the customer. In case of the simultaneous presence of both parties (for example in the travel agency), the confirmation shall be supplied in paper form, otherwise it can also be supplied on a durable medium.
2.2. Should the contents of the confirmation differ from those of the reservation, such confirmation shall constitute a new offer by MDP to which MDP shall be bound for a period of 7 days from receipt by the customer. The contract shall be concluded on the basis of this new offer, insofar as MDP has drawn attention to the change and has fulfilled its pre-contractual information obligations concerning the new offer, and the customer or the traveller has expressly or by conclusive declaration (e.g. by making a down payment) accepted the new offer within the binding period.
2.3. Reservations shall always be made in the name of the customer, also with regard to the participants specified in the reservation, unless otherwise agreed. If the customer is a teacher in a public or private educational institution, they shall, unless otherwise agreed, act as the representative and authorised agent of the respective educational institution.
2.4. The customer shall take responsibility for the contractual obligations of the registered travellers as for their own obligations, insofar as the customer has assumed such a responsibility by means of express and separate declaration.
2.5. Should the customer exceptionally act in representation of the individual travellers, the names and addresses of the travellers shall be stated. The customer shall be liable towards MDP with regard to fulfilment or damages, if – in case of underage participants – the travel contract does not become effective for lack of consent or permission from the legal representatives.
2.6. The pre-contractual information provided by MDP concerning the essential features of the travel services, the travel price and all additional costs, the terms of payment, the minimum number of participants and the cancellation fees shall not become an integral part of the package tour contract, if this was expressly agreed between the parties.
2.7. According to the legal regulations for package tour contracts concluded by distance selling (e.g. by letter, telephone, e-mail, telemedia or online services), no right of revocation shall apply, but only the legal rights of cancellation and termination.
A right of revocation shall apply, however, if the contract was concluded away from business premises, unless the negotiations on which the conclusion of contract was based, were conducted upon previous order of the consumer; in the latter case no right of revocation shall exist.
3. Services and changes of services
3.1. The contractually agreed services of MDP shall result from the offer prepared for the planned tour, the pre-contractual information as well as the travel confirmation data referring hereto. The data contained in the offer are binding for MDP with the content on which the travel contract is based. Site and hotel brochures as well as internet descriptions not issued by MDP are not binding for the performance obligation of MDP.
3.2. MDP is entitled to change the agreed content of the travel contract for legally permissible reasons and in particular reserves itself the right to change the accommodation within the same category. This reservation shall apply only insofar as such a change of performance is necessary. Changes or deviations of individual travel services from the agreed content of the travel contract, as well as of times and schedules of bus, flight and ferry connections which become necessary after the conclusion of contract and were not caused by bad faith by MDP, are permissible only insofar as such changes or deviations are not significant and do not compromise the overall arrangement of the booked trip. Possible warranty claims remain unaffected, if the changed services contain defects.
3.3. MDP shall inform the customer and travellers about changes in the services by means of a durable medium immediately upon becoming aware of a reason for a change.
3.4 In case of a significant change of an important feature of the travel service or a deviation from special requirements of the customer which have become a content of the package tour contract, the customer and travellers have the right - within a reasonable deadline set by MDP concurrently with the information about the change - either to accept the change or to resign from the travel contract without compensation or to request the participation in a substitute trip, if MDP has offered such a trip. The customer can choose to react to the information from MDP or not. The customer can either agree to the change of contract, request the participation in a substitute trip, provided such a trip was offered, or to resign from the contract free of charge. Should the customer not react to the information of MDP or not react within the set deadline, the relevant change shall be deemed accepted. The customer shall be informed hereof in the declaration according to item 3.3. in a clear, comprehensible and express manner.
4. Prices and price adjustments
4.1. MDP can make a one-sided request to increase the travel price only insofar as this is provided for in the contract and based on the following conditions. A price increase can result from an increase of the price for the transport of persons due to higher costs of fuel or other energy sources, from an increase of taxes or other duties for agreed travel services, such as tourist taxes, port or airport charges as well as from a change of the exchange rates applicable for the relevant package tour occurring after the conclusion of contract.
4.2. MDP reserves the right to change the confirmed prices in case of an increase in the transport costs or the duties for specific services, such as port or airport charges, or a change in the exchanges rates applicable for the relevant trip to which MDP becomes subject after the conclusion of contract, to the extent in which such increase in the share of the transport, the duties or exchange rates since the conclusion of contract affect the travel price per person or seat. The extent of the price change is calculated as follows: In case the expenses of MDP for individual afore-mentioned travel components change in the period of time between the conclusion of contract and the contractual start of the trip, MDP shall redetermine the travel price by calculating the difference between the initial and the increased cost share and by adding it to the old travel price without further surcharges. If the additional costs concern the entire travel group in general, they shall be distributed to the actual travel participants. An increase of the travel price can be requested only until 20 days before the agreed date of departure. MDP shall inform about a price change immediately upon becoming aware of a reason for a price increase.
4.3. A price increase shall be permissible only insofar as MDP has informed the customer clearly and comprehensibly about the price increase and its reasons by means of a durable medium, including the calculation of the price increase. A price increase shall be permissible only, if the customer was informed thereof at the latest 20 days prior to departure.
4.4. Insofar as the travel contract provides for an increase of the travel price, the customer can request MDP to reduce the travel price, if and insofar as the prices, duties or exchange rates according to item 4.1. change after the conclusion of contract and prior to departure and if this results in lower costs for MDP. If the customer has paid more than the resulting amount, MDP shall reimburse the surplus. MDP can, however, deduct the actual administration costs incurred and shall, upon request of the customer, provide proof of the amount.
4.5. Should the reserved price increase exceed 8% of the travel price, the customer shall be entitled – within a deadline set by MDP concurrently with the information about the price increase – either to accept the offer of a price increase or to resign from the travel contract without compensation. Upon expiry of the deadline set by MDP, the offer of a price increase or other contract changes shall be deemed accepted.
5. Insolvency insurance and terms of payment
5.1. In order to secure your client funds, MDP has concluded an insurance guarantee with AXA Insurance Company, ul. Chłodna 51, 00-867 Warszawa. The insurance guarantee attests your direct claim against the insurer in case of the lack of liquidity or insolvency of MDP.
In the event of the lack of liquidity or insolvency MDP has ensured that the paid travel price will be reimbursed to the travellers, insofar as travel services are cancelled, and that possible necessary expenses for the contractually agreed return trip, e.g. transfer by bus, plane or ferry, will be reimbursed. Travellers shall, in these cases, have a direct claim against the beneficiary of the insurance guarantee, the marshal of the voivodeship of Lesser Poland, who is entrusted with the settlement of claims and the management of the insolvency insurance.
5.2. In case of a conclusion of contract and upon delivery of the confirmation, a down payment towards the travel price shall be due. It amounts to 20% of the travel price, but at the least to 25€ and at the most to 250€ per booked travel participant, unless expressly agreed otherwise by the parties. Any possible deviating payment conditions, e.g. for securing the quota in case of flights, shall be expressly indicated by MDP in the individual offers. The remaining amount shall be due and payable 4 weeks prior to departure, provided the trip takes place in accordance with the confirmation.
5.3. Should travellers fail to make the down payment and/or the remaining payment in accordance with the agreed due dates, MDP shall have the right, upon expiry of a reasonable deadline, to resign from the travel contract and to demand compensation in the amount of the lump sum compensation claims according to item 6.1., unless a serious defect of service has occurred already at this time entitling travellers to termination. The travel documents shall be issued to the travellers upon full payment of the travel price. Without full payment of the travel price, the traveller shall not have the right to use the travel services.
6. Cancellation and termination by travellers
6.1. Travellers can resign from a trip at any time prior to departure. In case of cancellation or the non-commencement of the journey, MDP shall lose the right to the travel price. Instead, MDP can request adequate compensation, insofar as MDP is not responsible for the cancellation and insofar as no extraordinary circumstances have occurred at the place of destination or in the immediate proximity thereof, which severely compromise the transport of person to the place of destination; circumstances shall be deemed unavoidable and extraordinary, if they are beyond the control of MDP and if their consequences could not have been avoided, even if all reasonable precautions had been taken. The cancellation compensation amounts are given in item 6.2. The calculation of the compensation claim shall take into account normally saved expenses and normally possible other employments of the travel services. The compensation shall be calculated based on the final travel price per registered participant for the booked group size and after the receipt of the notice of cancellation of the traveller. It shall be justified by MDP upon request of the traveller. The traveller shall have the right to prove that the cancellation costs to which MDP is entitled are significantly lower than the lump sum compensation (also “cancellation fees”) demanded by MDP.
6.2. In case of cancellation, the lump sum compensation fees per person amount to:
• 2.1. from 60 to 50 days prior to departure: 10% of the travel price
• 2.2. from 49 to 37 days prior to departure: 20% of the travel price
• 2.3. from 36 to 22 days before the start of the trip: 50% of the travel price
• 2.4. from 21 to 15 days before the start of the trip: 70% of the travel price
• 2.5. from 14 to 7 days prior to departure: 90% of the travel price
• 2.6. from 6 days prior to departure or in case of non-commencement of the journey: 95% of the travel price
The effective date for the calculation of the deadline shall be the date of receipt of the notice of cancellation.
6.3. MDP reserves the right to request, instead of the aforesaid lump sums, a higher, individually calculated compensation, insofar as MDP can prove that the expenses incurred were considerably higher than the respective applicable lump sums. This shall apply in particular, if – due to the cancellations – the announced group size assumed for the price calculation is not reached. Independently of the cancellation of individual travellers and the calculation of a cancellation compensation, the travel price for the remaining participants shall be determined based on the actual number of participants, provided it was agreed on as depending on the group size. In such cases, MDP shall be obliged to precisely indicate and justify the requested compensation by taking into account the saved expenses and possible other employments of the travel services.
6.4. If the travel contract is concluded under certain reservations or conditions (e.g. the reaching of the minimum group size or the consent of an authority), the customer shall have the possibility to cancel the trip free of charge until a previously set date and at the latest until 8 weeks prior to departure, unless agreed otherwise in individual cases (e.g. a lump sum processing fee).
6.5. Possible cost reimbursements for unused travel services can be made only, if the customer or travellers have the reduced number of participants confirmed by the service provider (ferries, hotels etc.) or vouchers changed, respectively. Unused tickets and vouchers must be returned to MDP immediately after the end of the trip for reimbursement.
6.6. If MDP is obliged to reimburse the partial or total travel price due to a cancellation, MDP shall comply immediately and in any case within 14 days from the receipt of the notice of cancellation.
6.7. The right of the traveller to name and register a substitute participant within an adequate deadline prior to departure by declaration on a durable medium shall remain unaffected by the above conditions.
7. Substitute person
7.1. Within an adequate deadline prior to departure, the traveller can declare on a durable medium, that a third party (substitute person) takes over the rights and obligations under the travel contract. Such a declaration shall be deemed on time, if MDP receives it at the latest 7 days prior to departure.
7.2. MDP can oppose the replacement of the traveller by a third party, if the third party does not fulfil the contractual travel requirements.
7.3. If a third party takes the place of a registered participant, MDP shall have the right to request a lump sum of 10.00 EUR for the processing costs incurred due the participation of a substitute person. Additional expenses payable to service providers (e.g. airlines) shall be calculated separately. MDP shall provide the traveller with proof as to the amount of the additional costs incurred due to the entry of a third party. The traveller shall have the right to prove that no or considerably lower costs were incurred due to the entry of a third party.
7.4. The customer or the registered participant and the substitute person as joint debtors, respectively, shall be liable for the travel price and the costs incurred due to the entry of a substitute person.
8. Cancellation and termination by MDP
8.1. MDP can terminate the travel contract without period of notice, if the realisation of the trip is substantially impeded by the traveller despite corresponding caution by MDP. The same shall apply, if a traveller is in breach of contract to such an extent that the immediate cancellation of the contract is justified. MDP shall, however, retain the claim to the travel price. Possible additional costs for the return transport shall be covered by the disturbing customer. MDP shall, however, take into account the value of the saved expenses and the benefits resulting from another employment of the unused services, including possible reimbursements from service providers.
8.2. In case of the non-realisation of the minimum number of participants stated in the respective performance specification or the pre-contractual information and the confirmation, respectively, MDP can resign from the trip until 5 weeks prior to departure (receipt by the customer). MDP shall, of course, inform the customer and traveller, if it becomes obvious at an earlier time, that the minimum number of participants cannot be reached. The notice of cancellation shall be immediately forwarded to the customer. The paid travel price shall then be reimbursed to the traveller immediately and in any case within 14 days from the receipt of the notice of cancellation.
9. Complaint, remedy, reduction, termination
9.1. If the travel services are not provided in accordance with the contract, you must immediately notify MDP. If you culpably fail to make a complaint, you lose the right to claim reduction and compensation.
You shall be obliged to grant MDP an adequate deadline, unless immediate remedy is necessary or refused by MDP. MDP can provide remedy in the form of an equivalent or superior substitute performance.
You can also address your request of remedy directly to MDP:
Marco der Pole s.j. M.Frysztacki, R.Kawęski
ul. Legionów Piłsudskiego 23/8
PL 30-509 Kraków
Tel: +48 12 430 21 31
Fax: +48 12 430 21 17
Tour guides, agencies and employees of service providers are not competent and not authorised by MDP to confirm defects or to acknowledge claims against MDP.
9.2. You can request a reduction of the travel price corresponding to the deficient performance (reduction), if travel services or substitute performances accepted by you were not provided despite your request of remedy.
9.3. Should MDP fail to provide remedy within a reasonable deadline or declare that remedy is impossible, and should the trip be considerably compromised due to services not in accordance with the contract, you can terminate the package tour contract. If the contract is then cancelled, you shall be entitled to return transport, if the contract included a return transport. The additional costs for the return transport shall be covered by MDP. In case of unforeseeable extraordinary circumstances that do not concern travel services of MDP, the customer shall not be entitled to resign from the package tour contract free of charge.
10. Damages, liability, limitation of liability
10.1. Should MDP commit a breach of the obligations under the package tour contract, MDP shall be obliged to compensate you for the damage resulting thereof. If such breach should prevent or considerably compromise the trip, you shall, if you have unsuccessfully requested remedy (see 8.a), be entitled to adequate compensation, also for wasted holiday time.
10.2. To the extent of the due diligence of a prudent businessman, MDP shall be liable for:
a. the conscientious preparation of the trip,
b. the careful selection and control of the service providers,
c. the correctness of the performance specification, but not for the information in site and hotel brochures or other brochures not issued by MDP and enclosed by MDP with your travel documents,
d. the proper performance of the contractually agreed travel services.
10.3.1. The contractual liability of MDP shall be limited to three times the travel price for damage that is not bodily harm (including the liability for a breach of the pre-contractual, collateral or main contractual obligations), insofar as such damage was not caused intentionally or through gross negligence by MDP. The limitation of liability shall apply also insofar as MDP is solely liable for damage incurred by you through the fault of a service provider.
10.3.2. Damage claims against MDP shall be limited or excluded, if due to legal regulations applicable to the services to be provided by a service provider, the liability of the latter is also excluded or limited. If MDP is the contractual air carrier, the liability is governed by the relevant provisions of the air traffic act in conjunction with the international conventions of Warsaw, The Hague, Guadalajara and Montreal. As a rule, this limits the liability of the air carrier for death or injury as well as for the loss or damage of luggage.
10.3.3. MDP shall not be liable for performance disruptions in connection with external services mediated by MDP (e.g. sports events, theatre visits, exhibitions, excursions etc.) and expressly identified as external services (additional offer) in the travel description.
11. Passport, visa and health regulations
11.1. The traveller can gather from the pre-contractual information, if a passport is required for the relevant trip or if an identity card is sufficient. The traveller shall be responsible for ensuring that their identity document is valid for the trip.
11.2. Travellers are themselves responsibly for obtaining and carrying the necessary travel documents, possible necessary vaccinations as well as observing the customs and foreign exchange regulations. Disadvantages resulting from the non-observance of such regulations (e.g. cancellation costs) shall be charged to the travellers, unless they were not or incorrectly informed through the fault of MDP.
11.3. MDP shall not be liable for the timely grant and receipt of the necessary visa by the relevant diplomatic representation or possible necessary entry or transit permissions, in particular necessary US travel authorisations in accordance with the ESTA process, even if travellers have commissioned MDP with the procurement thereof, unless MDP is responsible for the delay.
12. Travel insurances
12.1. Travel insurances including travel cancellation insurances shall be concluded by you unless included in the travel price and indicated in the performance specification. The general insurance conditions of the relevant insurance shall apply.
13. Data protection
13.1. The personal data provided by the customer and traveller to MDP shall be electronically processed and used insofar as they are necessary for the performance of the contract. All personal data of the travellers shall be processed in accordance with the European data protection law.
13.2. Insofar as the customer provides MDP with personal data of other persons, in particular travel participants, customer shall ensure that the latter agree to this and that the customer is allowed to provide MDP with the data.
14. Place of jurisdiction/governing law
14.1. The place of jurisdiction for charges against MDP is Krakow. The contractual relationship between you and MDP shall be governed solely by the Polish law. This shall apply also for the entire legal relationship. Insofar as in case of charges against MDP abroad, the liability of the tour operator shall not be governed by Polish law, the legal consequences, in particular with regard to the kind, extent and amount of claims of the customer shall be exclusively governed by Polish law.
15.1. The ineffectiveness of individual provisions of the travel contract shall not result in the ineffectiveness of the entire travel contract. The same shall apply for these travel conditions.
Marco der Pole s.j. M.Frysztacki, R.Kawęski
ul. Legionów Piłsudskiego 23/8
PL 31-509 Kraków
Tel. +48 12 4302117, 430 2131
CEO: Marek Frysztacki, Ryszard Kawęski
District Court in Krakow | KRS 254 431
VAT-ID: PL 6771698059
As of: 4/6/2019