CONDITIONS OF PARTICIPATION IN TOURIST EVENTS

Gloria Mokrzycka Sports Academy

 

I. GENERAL PROVISIONS

  1. These Regulations specify the terms and conditions of participation in tourist events organised by Akademia Sportu Gloria Mok rzycka with its registered office in Gliwice, ul. Płowiecka 9a/3, hereinafter referred to as the Organiser. The terms and conditions of participation constitute an integral part of the agreement concluded by the Organiser with the applicant.
  2. The terms used in these Terms and Conditions as defined in the Act of August 29, 1997 on tourism services as amended, hereinafter referred to as the Act, have the same meaning as given in Article 3 of this Act.
  3. The Organiser's obligation is to provide services in accordance with the Act on Tourist Services, the Regulations, information contained in the offer and in the contract-application.

II. CONCLUSION OF THE CONTRACT:

  1. The conclusion of the Enroller's contract with the Organiser is effected by the Enroller signing the Agreement form
    for the provision of tourist services, thereby accepting the provisions of these regulations and the scope of services in the specific offer, which forms an integral part of the contract signed by the Enrolling Person.
  2. The person making the booking assumes full responsibility for paying the full amount of the event for all persons listed on the contract form and for informing them of all details of the event. By signing a contract for a multi-bedded room, he/she assumes full financial responsibility for any unused space in the room in the amount of the event price in the event of cancellation of any of the accompanying persons.
  3. Increases in currency exchange rates, transport costs, customs, tax or service charges at sea and airports entitle the Organiser to increase the price of the holiday event, but this cannot take place less than 21 days before the start date of the event. The applicant is obliged to make the surcharge up to 14 days before the start date of the event. If the supplementary payment is not made, the provisions of section III, item 4 shall apply.
  4. The registrant is entitled to transfer the contractual rights and obligations up to the commencement date of the travel event to a third party. The applicant and the person assuming his/her rights and obligations under the contract shall be jointly and severally liable for the payment of the costs of the event and incidental costs arising from the change of participant.

III. TERMS OF PAYMENT:

  1. By signing the application, the Enrolling Person shall make an advance payment of 500/1000 PLN. The remaining part of the price is to be paid at the latest 30 days before departure.
  2. Deviations from the above mentioned payment conditions must be included in the travel contract.
  3. The date of payment shall be the date on which the money is credited to the Organiser's cash desk or bank account.
  4. Failure to make payment within the specified deadlines may result in termination of the contract with the applicant under the terms of
    Chapter VI.

IV. CANCELLATION OF THE TOURIST EVENT:

  1. The cancellation of the tourist event may occur as a result of force majeure or in the event of a lack of the minimum number of participants. The minimum number of participants in the event is 20 persons. The organiser undertakes to notify in writing that an adequate number of participants has not turned up and that the tourist event is therefore cancelled no later than 7 days before the start date.
  2. In the cases described in Chapter IV, point 1, the applicant is entitled to choose a replacement offer on a priority basis or a full refund of the payments made without interest.

V. PERFORMANCE OF THE EVENT:

  1. The Organiser shall be liable for non-performance or improper performance of the contract in accordance with the principles set out in art.11a of the Act
    on Tourist Services, whereby the liability is limited to one times the price of the event.
  2. The applicant is liable for damage caused by him or her or persons under his or her care
    during the tourist event. He/she is obliged to remedy them in accordance with the applicable legal provisions, while
    in the event that they are repaired by the Organiser, to reimburse the costs related thereto.
  3. The Organiser shall not be liable for any property lost during the event, unless the loss occurred for reasons attributable to the Organiser.
  4. The Organiser shall inform the Enrolling Person of the current customs and foreign exchange regulations of the countries included in the programme of the event, as well as of the regulations of the places of accommodation, and of the requirement to have valid documents authorising the crossing of the border, which the Enrolling Person undertakes to have at the time of the event.
  5. The organiser is not responsible for: delays caused by weather conditions or waiting at borders, the behaviour of the participants in the tourist event, weather conditions during the event deviating from the norm, noise related to the location of the facilities near the entertainment venues, etc. or other possible inconveniences beyond the Organiser's control.
  6. In the event that the Notifying Person discovers faulty performance of the contract during the tourist event, the Notifying Person shall immediately inform the Organiser's representative (Tour Manager) at the place where the incident occurred or, if it is not possible to inform the representative, directly to the Organiser in Gliwice. The Organiser shall make every effort to rectify the defect. The notifying party cannot claim a refund of part of the event price or cancellation of the contract if the defect is remedied within a reasonable period of time.
  7. The organiser is not liable for non-performance or improper performance of the contract if it is caused by:

a. Acts or omissions of the reporting person

b. the act or omission of third parties not participating in the performance of the services provided for in the agreement, if these acts or omissions could not have been foreseen or avoided

c. force majeure.

VI. CANCELLATION OF PARTICIPATION IN THE TOURIST EVENT:

  1. The applicant has the right to cancel the event by submitting a written declaration. The date of cancellation shall be the date of receipt of the relevant declaration or the day following the date on which the Enrollee fails to carry out the activities specified in the contract, such as the completion of the payment up to the full price of the event, the provision of the relevant data and documents and the failure to arrive at the assembly point at the specified time on the day of commencement of the event.
  2. In the event of cancellation of the Enrollee for reasons attributable to him/her, such as: refusal to issue a passport, invalidity of the required documents, failure of the Enrollee to meet the payment deadlines, illness or other fortuitous circumstances, impossibility to cross the border by border services or others, the Enrollee shall be obliged to cover the damage suffered by the Organiser as a result of his/her cancellation of the event.
  3. The Organiser declares that the damage referred to in section VI, item 2 shall not be higher than:
  1. cancellation of participation in the tourist event earlier than 30 days before its commencement - 20% of the price,
  2. cancellation of participation in the tourist event between 29 and 22 days before its commencement - 40% of the price,
  3. cancellation of participation in the tourist party between 21 and 15 days before its start - 60% of the price,
  4. cancellation of participation in the tourist event between 14 and 8 days before its start - 80% of the price,

e. cancellation of participation in the tourist event from the 7th day prior to its commencement until the day of commencement of the event inclusive or
during the days of the event - 100% of the price.

(4) At the request of the Enrolling Person, the Organiser will calculate the actual costs incurred in connection with the cancellation of the tourist event.

(5) The Enrolling Person may, at his/her own request, take out cancellation insurance, of which the Enrolling Person was informed at the conclusion of the contract for provision of tourist services.

The subject of the insurance shall be the costs of the Insured's cancellation or interruption of the tourist event and the costs of the Insured's ticket cancellation due to the following fortuitous events beyond the control of the Insured:

  1. an accident, a sudden illness, premature birth of the Insured (birth that occurred up to the 32nd week of pregnancy) - if they make it impossible for him/her to participate in the event or the trip, or cause the death of the Insured;
  2. accident, sudden illness, premature birth (birth which occurred up to the 32nd week of pregnancy) of a person close to the Insured or death of a close person;
  3. a serious fortuitous event that absolutely requires the presence of the Insured at his or her place of residence on the day of the planned departure: burglary, fire, flooding, hurricane or other fortuitous event occurring in the Insured's place of residence;
  4. occurrence of loss caused by burglary, robbery or fire in the workplace where the Insured is the employer, requiring his/her presence at the place of residence;
  5. death, accident, premature birth (birth occurring up to the 32nd week of pregnancy) or sudden illness of a person accompanying the Insured on the trip, reported by the Insured when signing the contract with the travel agency, only if the contract relates to the rental of a holiday home or flat (suite) and the rental price has been agreed for the total number of persons indicated

and with the reservation that the number of persons enrolled may not be higher than that permitted by the contract with the travel bureau.

VII. COMPLAINTS:

  1. Complaints concerning the performance of a tourist event sold by the Academy of Sports Gloria Mokrzycka may be lodged personally with the organiser. The basis for consideration of a complaint concerning the quantity or quality of services is a written complaint with justification.
  2. It is the duty of the tour leader to confirm receipt of the complaint from the person making the complaint and, if the complaint is not resolved, to forward it immediately to the Tourist Office.

VIII. INSURANCE:

  1. The Organiser declares that it is in possession of the relevant documents authorising it to organise tourist events in accordance with the
    requirements of the Travel Services Act. It has an insurance guarantee from Wiener TU S.A. Vienna Insurance Group.
    with the number COR516561 for the amount of PLN 121,615.20 valid from 01.06.2024 to 31.05.2025.
  2. The organiser has taken out personal accident insurance (NNW) for the benefit of participants in tourist events. The sum insured is PLN 10,000.00.

IX. DISPUTE RESOLUTION AND FINAL PROVISIONS:

  1. The provisions of these Regulations are binding on the Enrolling Person and all persons enrolled by him/her.
  2. In matters not covered by these Regulations, the provisions of the Civil Code and the Act of 29 August 1997 on tourism services as amended shall apply.

 

 

STANDARD INFORMATION FORM FOR CONTRACTS FOR PARTICIPATION IN TOURIST EVENTS

Sports Academy Gloria Mokrzycka

 

The combination of travel services offered to you constitutes a tourist event within the meaning of Directive (EU) 2015/2302. You will therefore be entitled to all EU rights applicable to tourist events. Gloria Mokrzycka Sports Academy will take full responsibility for the proper execution of the entire tourist event. In addition, as required by law, Akademia Sportu Gloria Mokrzycka has security to ensure that your payments are returned to you and, if transport is part of the tourist event, to ensure your return home should Akademia Sportu become insolvent. Key rights under Directive (EU) 2015/2302.

- Travellers will be provided with all the necessary information about the travel event before concluding the travel contract.

- At all times, at least one entrepreneur is responsible for the proper performance of all tourist services covered by the contract.

- Travellers are provided with an emergency telephone number or contact point details so that they can contact the tour operator or travel agent.

- Travellers may transfer the tourist party to another person by giving reasonable notice, subject to any additional costs.

- The price of the holiday may only be increased if certain costs increase (for example, fuel costs or currency exchange rates) and this is expressly stipulated in the contract; in no case may the price increase occur later than 20 days before the start of the holiday. If the price increase exceeds 8% of the price of the tourist event, the traveller may terminate the contract. If the tour operator reserves the right to increase the price, the traveller has the right to reduce the price if the relevant costs have decreased.

- Travellers may terminate the contract without incurring any termination fee and receive a full refund of any payments made if one of the essential elements of the tourist event, other than the price, changes significantly. If the entrepreneur in charge of the travel event cancels less than 7 before the start of the travel event, travellers are entitled to a refund of their payments and, where applicable, to compensation.

- In exceptional circumstances - for example, if there are serious security problems at the destination
security issues that may affect the travel event - travellers may, before the start of the travel event, terminate the contract without incurring any termination fee.

- In addition, travellers may, at any time before the start of the tourist event, terminate the contract for an appropriate and justifiable fee, according to the Document describing the conditions of participation in tourist events.

- If, after the commencement of the tourist event, significant elements of the tourist event cannot be provided in accordance with the contract, suitable alternative services will have to be offered at no additional cost. In the event that services are not provided in accordance
in accordance with the contract, which significantly affects the fulfilment of the tourist event and the tour operator fails to remedy the problem, travellers may terminate the contract without a termination fee.

- Travellers are also entitled to a price reduction or compensation for damages in case of non-performance or poor performance of tourism services.

- The tour operator must provide assistance to travellers who find themselves in a difficult situation.

- If the tour operator becomes insolvent, deposits will be refunded. If the tour operator becomes insolvent after the start of the tourist event and if the tourist event includes transport, the return of travellers to the country is ensured. Gloria Mokrzycka Sports Academy has taken out insolvency protection with WIENER [an entity providing insolvency protection, e.g. a guarantee fund or an insurance company]. Travellers may contact this entity or, if applicable, the competent authority (Wiener TU S.A. Vienna Insurance Group, Ksiazza Piotra Ściegiennego 3, 40-114 Katowice, 32 786 18 20) if the insolvency of Akademia Sportu Gloria Mokrzycka leads to a refusal to provide services.

 

https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32015L2302 - Website where Directive (EU) 2015/2302 as transposed into national law can be found.