By making a booking and travelling with DREAM TEAM TRIPS, the Client (or if through an agent, the agent on behalf of the Client) agrees to and acknowledges these Terms and Conditions on behalf of itself and for and on behalf of each member of its Party.
1.1. Unless otherwise defined in these Terms and Conditions, the following words and expressions shall have the following meanings:
1.2. “Carrier” shall refer to the transport section of the company DREAM TEAM TRIPS with its registered offices in France at 34 Les Granges, 73440 Les Belleville, SIRET: 87999374900016 for the purpose of providing transfer services in France and Switzerland, as well as in Poland at Raba Nizna 100, 34-730 Mszana Dolna for the purpose of providing transfer services in Poland. The Carrier may also refer to a third party or agents of DREAM TEAM TRIPS.
1.3. “Client” shall refer to any person (natural or legal) that makes a booking for themselves and/or for and on behalf of other people in the Party.
1.4. “Party” shall refer to all people travelling under one single booking.
1.5. “Passenger(s)” shall refer to any person within a Party that is actually travelling.
1.6. “Transfer” shall refer to any journey provided to the Client by the Carrier as specified in the relevant booking confirmation.
1.7. “Booking” shall refer to any confirmed reservation made by the Client as detailed in the transfer booking confirmation provided by the Carrier.
1.8. “No Show” shall refer to a situation where the Client fails to meet the Carrier at the designated collection point as detailed in the booking confirmation within 60 minutes of the scheduled flight arrival time or within 30 minutes of the scheduled pick up time at any other collection point (such as train/bus station or any accommodation address as specified in the booking confirmation) without having made confirmed contact with the Carrier in order to make alternative arrangements.
2. Bookings and Payments
2.1. Each booking placed by the Client is nominative and therefore non-transferable.
2.2. In the event of a reservation for two or more people, the booking is made in the name of one person (Lead Booker) who is acting as an authorised agent on behalf of all other members of the party that are deemed to have accepted these Terms and Conditions.
2.3. Upon receiving a transfer request from the Client, the Carrier (subject to current availability) will provide a transfer quotation via email, telephone, through its booking agent or by SMS.
2.4. All rates are quoted in euros and include all taxes and tolls unless otherwise stated at the time of quoting. The rate applied to a given quotation is the one which is in force at the time of ordering. All rates are subject to change at any time at the Carrier’s absolute discretion.
2.5. Upon receipt of the appropriate payment or credit card details requested by the Carrier to secure the booking, the Carrier will provide a transfer booking confirmation by email and it is the responsibility of the Client to ensure that all details shown in the booking confirmation regarding their journey are correct. The Client should be able to present their booking confirmation as their travel ticket to the driver on demand prior to any service being provided on the day of the transfer.
2.6. The Carrier accepts no responsibility whatsoever for misinformation given by the Client (whether regarding any flight information, collection point and destination details, Client’s mobile contact number or any other relevant information) and any failure in services resulting from having incorrect information provided by the Client which shall be deemed to be the fault of the Client.
2.7. It is the responsibility of the Client to carry directions to and contact details for the accommodation and any instructions for the collection of keys for the relevant accommodation, in order to assist the allocated driver if necessary. If the Client is required to collect any keys prior to being dropped off at the relevant accommodation, this should be notified to the Carrier in advance at the time of making the booking, or at the latest 15 working days prior to the date of the first transfer listed in the booking confirmation. If any such accommodation cannot be located after 20 minutes of driving around the destination, the Carrier reserves the right to drop the Client at the tourist information office or the main bus station of such destination and charge the Client accordingly for any additional vehicle and driver hire costs.
2.8. Payments for transfers booked by the Client must be made as specified in the booking confirmation provided by the Carrier.
2.9. Payment for any additional charges that may apply (including, but not limited to: excess waiting time, supermarket stops en route, vehicle damage costs, valeting fee, seat belts fines, etc.) must be made in cash in euros directly to the driver on the day of the transfer. The Carrier shall use its reasonable endeavours to avoid applying such additional charges whenever possible, however, if they are necessary and the Client refuses to pay such charges, the Carrier reserves the right to deduct the appropriate amount from the credit/debit card supplied by the Client in order to cover the additional costs.
3. Cancellations, Refunds and Amendments
3.1. All cancellations must be made by the Client in writing via email or letter. Any cancellation is not validated until an email confirmation of the cancellation has been provided by the Carrier.
3.2. Bookings of private transfers are refundable according to the following terms:
a) 100% of the booking amount minus a €30.00 admin and bank fees, if a written cancellation is sent to the Carrier’s office more than 21 days prior to the scheduled date of the first transfer journey.
b) 50% of the booking amount, if a written cancellation is sent to the Carrier’s office between 21 and 10 days prior to the scheduled date of the first transfer journey. In that event, 50% of the booking amount will be deducted from the amount to be refunded.
c) Any cancellations made less than 10 days prior to the first transfer journey or in the event of “No Show” - no refund will be provided.
3.3. In case of loss and/or failure to use the travel ticket/s ordered on their scheduled date, the ticket/s shall not be exchanged or refunded.
3.4. Upon request from the Client, the Carrier can provide a letter which states the cancellation fees paid.
3.5. In the event of any amendment to booking requested by the Client, the Carrier reserves the right to amend the booking price in order to accommodate the Client’s request as and if required.
3.6. Any changes to bookings must be made by the Client in writing via email at least 10 working days prior to the date of travel and confirmed by the Carrier via email. The Carrier reserves the right to charge an amendment fee of 25 euros in order to accommodate any relevant administrative costs, charges or expenses incurred in connection with any amendment requested by the Client.
3.7. The Carrier shall use its reasonable endeavours to accommodate any amendment requested by the Client but shall not be obliged to do so and therefore cannot guarantee that the booking is still secure in such case. If the Client refuses to accept any amendment in price, the booking will be deemed to be cancelled by the Client and the cancellation charges of the Carrier will apply as detailed in these Terms and Conditions. The carrier reserves the right to waive any of such charges at its absolute discretion.
4. Flight Delays, Cancellations and Waiting Time
4.1. It is the Client’s responsibility to inform the Carrier of any changes to their scheduled flight(s), i.e. delays, diversions, cancellations or in case of any delay caused by lost luggage at the airport.
4.2. In the event of the Client’s flight being delayed or if there is a significant delay caused by lost luggage, the Carrier will wait for up to 60 minutes from the scheduled flight arrival time at no additional cost. After that time, if it is possible to accommodate the Client’s new collection time, the Carrier, subject to other booking commitments, will endeavour to continue to wait, in which case the Client will be liable for waiting charge of 30 euros for each additional hour or part thereof in order to cover the parking and the driver’s waiting time costs. This additional fee should be settled by the Client in cash to the driver prior to the vehicle’s departure. If the Carrier has waited for the Client who then refuses to pay the additional waiting charges, the transfer booking will be deemed to be cancelled by the Client and the cancellation fees will apply as detailed in these Terms and Conditions.
4.3. In the case where it is not possible for the Carrier to accommodate the Client’s new arrival time caused by a flight delay or a new collection time caused by lost luggage, the Carrier (whenever possible) will try to make arrangements for an alternative transfer with the next available vehicle at an agreed price. However, if this is not possible, the transfer booking will be deemed to be a “No Show” and cancellation charges will apply as detailed in the Carrier’s Terms and Conditions. The Client will be required to make their own travel arrangements and no refund will be provided for the original transfer booking. Clients are advised to check the terms of their travel insurance.
4.4. If the Client’s flight has been cancelled, diverted or missed and the Client will not arrive in time for the transfer as originally booked with the Carrier, the booking will be deemed to be a “No Show” and cancellation fees will be applied as specified in these Terms and Conditions. Clients are advised to check the terms of their travel insurance.
4.5. In the case where the Client is not ready for collection at any other collection point such as train/bus station or any accommodation address as specified in the booking confirmation, the Carrier will wait for 30 minutes from the scheduled pick up time. Once this period has expired and the Client is still not ready for collection, the transfer booking will be deemed as “No Show” and cancellation charges will apply as detailed in the Carrier’s Terms and Conditions.
5. Conditions of Carriage
5.1. Each travel ticket and/or a transfer booking confirmation is valid only for the date, time and route specified in it. It cannot be accepted on a different date or for a different route than those reserved.
5.2. The driver is authorised to refuse the access to vehicle to anyone who is not able to justify a reservation.
5.3. The Passenger must ensure to provide the Carrier with a valid contact phone number at which he/she can be reached for the duration of their stay. The Carrier cannot be held responsible for any delays and/or missed flights (nor for any additional travel expenses incurred by the Passenger whatsoever) caused by not being able to contact the Passenger.
5.4. The Carrier reserves the right to use another transfer company in order to provide the service as and if required.
5.5. All Passengers are limited to two items of luggage only on all transfers (one standard size hold bag and a small hand luggage bag). All luggage must be clearly labelled with the owners’ name, address and a mobile phone number.
5.6. Over-sized baggage e.g. ski and snowboard bags, ski boot bags, any bike or golf bags or any other sporting equipment, together with any excess luggage may be authorised, subject to being clearly stated at the moment of booking and provided that there is space available in the vehicle. If the Carrier has not been informed by the Client at the time of booking of any over-sized items or excess luggage, the Carrier reserves the right to refuse to transport such items. In the event of the Client requesting for travelling with any over-sized luggage, any one of such items will be considered as one of the two items of luggage authorised per Passenger.
5.7. Packages of materials which are dangerous, flammable or likely to inconvenience other passengers or harm their safety cannot be accepted.
5.8. The Passenger’s luggage and any personal belongings are carried entirely at their own risk and the Carrier accepts no responsibility or liability for loss or damage to any such property. Accordingly, the Client is advised to purchase the relevant travel insurance to cover any lost or damaged baggage, if required.
5.9. It is the Passenger’s responsibility to ensure, upon leaving the vehicle, that no personal belongings or luggage have been left in the vehicle. The Carrier cannot be held responsible for theft, loss or damage to baggage or personal belongings left or forgotten in the vehicle.
5.10. It is the responsibility of the airline or handling agent of the airline to deliver any lost luggage to the Passenger.
5.11. The Passenger undertakes to abstain from any behaviour which may compromise the driver’s and/or other passengers’ security and/or their comfort. Notably, Passengers are forbidden to:
a) Smoke in the vehicles
b) Consume alcohol in the vehicles
c) Eat in the vehicles
d) Use any illegal drugs in the vehicles
e) Hinder the driver
f) Travel without wearing a seat belt
g) Damage the vehicles in any possible way (to include but not be restricted to: scratches or dents caused by brushing or hitting the vehicles with luggage or skis; vomit, drink stains, chewing gum on seats or floor, etc.)
5.12. These behaviours are the responsibility of the Passenger and will require him/her to pay immediately upon request by the Carrier for any damages resulting from such misconduct. If the Passenger (including any minor who is deemed to be the responsibility of the Passenger travelling with the minor) soils the interior of the vehicle, the Carries reserves the right to charge a €150.00 valeting fee to be paid by the Passenger in cash directly to the driver. For more serious vehicle damages caused by the Passenger (e.g. dents, scratches, etc.) the amount to be paid for each damage will be determined by the Carrier based on the total cost of repair required to bring the vehicle to its original condition.
5.13. The Carrier reserves the right to refuse to transport any Passenger who is thought to be under the influence of alcohol or any illegal drugs or who is considered to pose a threat to the driver or other passengers.
5.14. In any event, the Carrier cannot be held responsible for any delays caused by the misconduct of some passengers and/or for damages caused to other passengers.
5.15. If the driver is asked to stop repeatedly on the way to the transfer destination, the Carrier cannot be held responsible for the delay caused by these breaks and/or for the consequences of missing flights.
5.16. The Carrier refuses to knowingly transport any Passenger who is not wearing a seat belt or using the appropriate car seats for children as governed by the EU law. If any Passenger fails to comply with the EU law governing the use of seat belts or car seats, the Passenger in question will be held responsible for paying any fines resulting from such misconduct.
5.17. It is compulsory to reserve a seat for all children and babies, regardless of age. Each child less than 1.35m tall must travel in their own car seat as required by the EU law.
5.18. It is the responsibility of the Passenger who is the parent or guardian of the minor to have appropriate car seats for their children placed in the vehicle or to request them at the time of booking to be provided for the relevant transfer by the Carrier.
5.19. Parents or guardians are responsible for the conduct of their children on board the Carrier’s vehicles and will be held responsible for any damages caused in any way by their children.
6. The Carrier’s Obligations
6.1. The Carrier shall use its reasonable endeavours to carry Passengers to their relevant destination with the minimum delay and discomfort reasonably possible. However, the Carrier shall not be liable for any refund and cannot be held responsible for any financial or material losses in the event of any delay due to circumstances beyond the Carrier’s control, which include but are not limited to:
a) accidents or incidents causing delays
b) unforeseen traffic delays
c) extreme, adverse or severe weather conditions and their impact on the routes
d) vehicle breakdown or puncture
e) road closure or restricted vehicular access
f) compliance with requests of or the vehicle being held or delayed by the police, customs officers or any other government official
g) health issues relating to the driver and/or Passengers
h) any problems caused by other Passengers
i) vandalism, terrorism, civil unrest and/or any industrial action by third parties
j) any force majeure event (including any act of God or natural disaster)
k) any event or circumstances affecting the safety of Passengers or the driver
In the context of such or similar events, no refund or compensation will be due by the Carrier.
7. Data protection
7.1. The Carrier reserves the right to make use of third-party companies or agents for subcontract transfers. In this case, the terms and conditions of the subcontractor will apply.
7.2. By using the Carrier’s services, the Client expressly authorises the disclosure of his/her personal data, including contact details, to the partners, agents and other operators cooperating with the Carrier.
7.3. The information provided to such third parties will only be used by the partners, agents and operators for the purposes for which it has been communicated.
8. Amendments to terms
8.1. The Carrier reserves the right to change these Terms and Conditions at any time. The new conditions will apply to all bookings made after they come into force and only the new version will prevail between the parties.
8.2. These Terms and Conditions and any dispute that may howsoever arise between the Carrier and the Client shall be subject to Polish law.
I. General provisions
III. The type and scope of electronic services
IV. The terms and conditions of providing electronic services and concluding agreements for the provision thereof
V. The terms and conditions of reservation
VI. The terms and conditions of terminating agreements for the provision of electronic services
VII. The mode of complaint procedure
VIII. The right to rescind an agreement
IX. Intellectual property
X. Final provisions
I. GENERAL PROVISIONS
1. The website operating at the address http://dreamteamtrips.com/ is run by Marcin Gacek, who conducts business activity under the business name DREAM TEAM TRIPS Marcin Gacek, entered into the Business Activity Central Register and Information Record of the Republic of Poland kept by the minister in charge of economy, NIP No. [tax identification number]: 7372019821, REGON No. [statistical identification number]: 368160193, the address at which the economic activity is conducted and the address for service: Raba Niżna 100, 34-730 Mszana Dolna, entry number in the register of tourism organisers and tourist agents: Z/82/2017, e-mail address: email@example.com, tel. +48 51 55 44 025
2. The website http://dreamteamtrips.com/ shall operate under the principles set forth in these Terms and Conditions.
3. These Terms and Conditions shall specify the types and scope of the services supplied electronically by the Website http://dreamteamtrips.com/ to Service Users, the principles under which these services are provided, the terms and conditions of concluding and terminating agreements for electronically supplied services, and the principles of reserving Trips and Tourist Events, as well as the mode of the complaint procedure.
4. Upon undertaking activities aimed at using the Electronic Services of the Website http://dreamteamtrips.com/ each Service User shall be obliged to observe the provisions of these Terms and Conditions.
5. The Website shall make every effort in order that the descriptive content, price and availability of the services presented on the Website are up-to-date and consistent with their actual status.
6. All trade names, service names, names of firms and their logos used on the Website at the address http://dreamteamtrips.com/ shall belong to their owners and be used solely for identification purposes. They may be registered trademarks. Any materials, descriptions and photographs presented on the Website at the address http://dreamteamtrips.com/ are used for informative purposes.
7. The matters not regulated in these Terms and Conditions shall be governed by the following provisions: The Civil Code; the Act on Consumer Rights of 30 May 2014. (Journal of Laws of 2014, item 827, as amended); the Act on the Electronic Provision of Services of 18 July 2002. (Journal of Laws No. 144, item 1204, as amended), the Act of 29 August 1997 on Tourist Services (Journal of Laws of 2016, items 187 and 1334; of 2017, item 60) and other applicable provisions of Polish law.
1. RESERVATION FORM - the form available on the Website enabling the reservation of a Trip or Tourist Event presented on the Website.
2. TOURIST EVENT - at least two Tourist Services which constitute a uniform programme and are included in a common price if these services include accommodation or last longer than 24 hours or if the programme provides for a change in the place of stay.
3. CUSTOMER, PARTICIPANT - a Service User who intends to conclude or has concluded an agreement for the provision of tourist services for himself or for the benefit of another person via the Website and the conclusion of this agreement does not constitute an object of his business activity, as well as a person for the benefit of whom the agreement has been concluded, and a person to whom the right to use the tourist services included in a previously concluded agreement has been transferred.
4. CONSUMER - a natural person who makes a juridical act with an entrepreneur, the act not being directly related to the said person’s business or professional activity.
5. NEWSLETTER - an Electronic Service enabling the Service User to subscribe and receive gratuitous information from the Service Provider at the e-mail address indicated by the Service User, the information being related to the Website and the services provided via the Website.
6. ENTREPRENEUR - a natural person, juridical person and an organizational unit referred to in Art. 331(1) of the Civil Code, conducting business or professional activity in their own name.
7. TERMS AND CONDITIONS - these Terms and Conditions of the Website.
8. WEBSITE - the internet website of the Service Provider operating at the address http://dreamteamtrips.com/.
9. TOURIST - a person travelling to another locality, outside his permanent place of stay, for a period not exceeding 12 months, whose travel is not aimed at undertaking permanent work in the locality visited and who uses accommodation for at least one night.
10. SERVICE PROVIDER, ORGANISER - Marcin Gacek, conducting business activity under the business name DREAM TEAM TRIPS MARCIN GACEK, the registered office of the entrepreneur: Raba Niżna 100, 34-730 Mszana Dolna , NIP No.[tax identification number]: 7372019821, REGON No. [statistical identification number]: 368160193.
11. SERVICE USER (USER) - a natural person, an organizational unit not being an artificial person in which legal capacity has been vested under a statute, or an artificial person using Electronic Services available on the Website.
12. ELECTRONIC SERVICE - an electronically supplied service provided by the Service Provider to the Service User via the Website.
13. TOURIST SERVICES - guiding services, hotel services and all other services provided to tourists or visitors.
14. TRIP - a type of a tourist event whose program encompasses a change in its participants’ place of stay.
III. THE TYPE AND SCOPE OF ELECTRONIC SERVICES
1. Via the Website the Service Provider makes Electronic Services available to Service Users, including the following:
a) the possibility of making a preliminary reservation of a trip,
2. The Services shall be provided to Service Users in accordance with the provisions of these Terms and Conditions.
3. The Service Provider shall be entitled to place advertising content on the Website. The said content shall constitute an integral part of the Website and of the materials presented thereon.
IV. THE TERMS AND CONDITIONS OF PROVIDING ELECTRONIC SERVICES AND CONCLUDING AGREEMENTS FOR THE PROVISION THEREOF
1. The Service Provider shall provide the Electronic Services specified in point 1 of chapter III of these Terms and Conditions gratuitously.
2. An agreement for the provision of the Electronic Service which consists in the possibility of making the reservation of a service by the Customer via the Website shall be concluded for an indefinite term and shall expire as soon as the reservation is made or the use of the said Service ceased.
3. Reservations may be made only by the following persons:
a) natural persons who have the full capacity to make juridical acts,
b) representatives of artificial persons and organizational units not being artificial persons duly authorised to make reservations and to conclude agreements.
4. Making each reservation shall involve the Customer’s confirmation of the authenticity and reliability of the data entered.
5. The prices and other possible charges indicated in the summary of a reservation shall be represented in EUR and/or PLN. Prices and charges shall constitute the entirety of the remuneration and other payables for the provision of the services encompassed by a reservation and shall include taxes. The amount indicated in the summary shall not include possible tourist taxes or other local charges.
6. Information contained in the pages of the Website shall not constitute an offer as defined in the provisions of law. A reservation made by the Customer shall constitute an offer for the purchase of a specific service pursuant to the terms and conditions specified in the description of the said service.
7. Following a preliminary reservation via the Website, the Service Provider shall confirm the availability of the Trip or Tourist Event by sending a message to the indicated e-mail address with the confirmation of the reservation, which shall include the following information:
a) the information entered by the customer in the preliminary reservation form, including the type and term of the Tourist Event, the initial point (meeting place), number of participants, yacht category and the number of cabins reserved (if applicable), information on the Lead Booker acting on behalf of the remaining members of his group, price of the Tourist Event (total and per person);
b) the confirmation of the availability of a specific Trip or Tourist Event;
c) the indication of the minimal number of participants required for an event to be organised in case the performance of services is dependent on the number of registrations;
d) the time limit and method of the Customer’s payment for a given reservation;
e) the specification of the term when an initial reservation will be cancelled in case the Customer has not paid for it within the said time limit;
f) the terms and conditions of the website dreamteamtrips.com;
g) the Agreement for the provision of tourist services and the General Terms and Conditions of the Participation in Tourist Events;
h) the General Terms and Condition of the Travel Insurance AXA Ubezpieczenia TUiR S.A.
8. In the event of the unavailability of a given service the Customer shall be notified thereof without unnecessary delay by e-mail at the e-mail address indicated by him or by telephone.
9. The Customer shall be obliged to pay the price specified in the summary within the time limit specified in the confirmation of a reservation no sooner than upon receiving the confirmation of the availability of a Trip or Tourist Event. In the event that the said amount fails to be paid within the specified time limit, the website reserves the right to rescind the agreement, i.e. the reservation is cancelled.
10. The payment processor is PayU S.A. with its registered office in Poznań, address: 60-324 Poznań, ul. Marcelińska 90, entered into the register of entrepreneurs kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, the 8th Commercial Division of the National Court Register under no. 0000274399, with the share capital of PLN 4,000,000 fully paid in, having NIP No. [tax identification number]: 779-23-08-495. Providing the Service PayU, the payment processor shall act as the provider of payment services as defined by the Act of 19 August 2011 on Payment Services (Journal of Laws of 2011 No. 199, item 1175, as amended). In the event of making a payment via electronic payment service providers the Service User shall make the payment before the provision of a service is commenced. Electronic payment service providers allow for making payments i.a. by card (credit or debit card), a quick transfer from selected banks, mobile payments, online instalments and digital wallets.
11. Customers are asked to keep the confirmation of a reservation or to print it, and to show it at the request of the Organiser’s representative.
12. A reservation shall be cancelled in writing via e-mail at the address: firstname.lastname@example.org. All information on the principles of cancellation is contained in the documents attached to the confirmation of a reservation and on the Website. The confirmation of the cancellation of a reservation shall be sent to the address indicated at the registration.
13. An agreement for the provision of the Electronic Service which consists in using the Newsletter shall be concluded for an indefinite term.
14. The technical requirements necessary to work with the ICT system used by the Service Provider:
a) a computer or mobile device with internet access,
b) e-mail access,
c) a web browser,
15. The Service User shall be obliged to use the Website in accordance with law and best practices, considering the respect to the personal interests and intellectual property rights of third parties.
16. The Service User shall be obliged to enter data in accordance with their actual status.
17. The Service User shall be prohibited to provide unlawful content.
V. THE TERMS AND CONDITIONS OF RESERVATION
1. The Customer shall be obliged to arrive at the place indicated in the confirmation of a reservation at the time specified in the reservation.
2. The Customer shall be obliged to observe the order regulations applicable in means of transport as well as the recommendations of the Organiser’s representatives.
3. The Customer shall be liable for damage done to the Organiser and the Participants pursuant to the general principles set forth in the Civil Code.
4. The Customer shall be obliged to purchase appropriate travel insurance himself. In the case of foreign events, under the general insurance agreement No. 5101080 of 17 October 2017 concluded with AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A. and the provisions of the Act on Tourist Services of 29 August 1997, the Organiser represents that each participant of a tourist event has been registered with AXA Ubezpieczenia TUiR S.A. and under the general agreement is subject to Medical Expenses insurance (KL), Personal Accident Insurance (NNW) and the Baggage Insurance (BP). The type and scope of the insurance shall be presented in the agreement for the registration of the participation in a tourist event. In the case of domestic events, under the general insurance agreement No. 5101080 of 17 October 2017, concluded with AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A. the Organiser represents that each participant of a tourist event has been registered with AXA Ubezpieczenia TUiR S.A. and under the general agreement is subject to Personal Accident Insurance in the territory of the Republic of Poland. The type and scope of the insurance shall be presented in the agreement for the registration of the participation in a tourist event.
5. In the event that prior to the commencement of the Tourist Event and for reasons beyond his control the Organiser is forced to amend essential terms and conditions of the agreement with the Customer, subject to Art. 17 of the Act of 29 August 1997 on Tourist Services, the Customer shall be notified of that by the Organiser without unnecessary delay.
6. In the event referred to in point 5 of this chapter the Customer shall be obliged to notify the Organiser without unnecessary delay whether:
a) he accepts the proposed amendment to the agreement or
b) rescinds the agreement with the return of all performances rendered and without the obligation to pay a contractual penalty.
7. If the Customer rescinds an agreement under point 6 of this chapter or if the Organiser cancels a Tourist Event for reasons beyond the Customer’s control, the Customer shall at his discretion be entitled to:
a) participate in a substitution event of the same or higher standard unless he agrees on an event of a lower standard with the return of the price difference,
b) demand an immediate return of all the performances rendered.
8. The principles of cancelling a reservation:
a. In order to resign from a tourist event the Customer shall send a written declaration to the Service Provider.
b. In each case the Customer shall be entitled to the return of the amount paid in, subject to points 8(c) and (d).
c. The Service Provider shall be entitled to demand payment for the expenses actually incurred and the performances rendered prior to the receipt of the resignation.
d. Solely for informative purposes the Service Provider presents the following information on the historical average expenses actually incurred by the Service Provider in relation to the total value of an agreement:
VI. THE TERMS AND CONDITIONS OF TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The termination of an agreement for the provision of an Electronic Service:
a) An agreement for the provision of an Electronic Service of a continuous and open-end nature may be terminated (Newsletter).
b) The Service User being a Consumer may terminate an agreement with immediate effect and without providing reasons by sending a relevant declaration via e-mail to the address: email@example.com.
c) The Service Provider may terminate an agreement for the provision of an electronically supplied service of a continuous and open-end nature in the event of the Service User’s breaching these Terms and Conditions, in particular if he provides unlawful content or data not in accordance with their factual and legal status, upon an ineffective prior written request to cease the breach with a proper time limit indicated. In the abovementioned event the agreement shall expire upon the lapse of 7 days of the date when the declaration of intent on its termination is made (notice period).
d) Termination shall lead to the expiry of a legal relationship effective for the future.
2. The Service Provider and Service User may terminate an agreement for the provision of an Electronic Service at any time by the agreement of the parties.
VII. THE MODE OF COMPLAINT PROCEDURE
1. Complaints related to the provision of Electronic Services by the Service Provider:
a) Complaints related to the provision of Electronic Services via the Website may be made by the Service User via e-mail at the following address: firstname.lastname@example.org.
b) The abovementioned e-mail message shall contain as much information and as many circumstances as possible, concerning the subject matter of the complaint, in particular the type and date of the occurrence of irregularities as well as contact details. The information provided will significantly facilitate and quicken the resolution of the complaint by the Service Provider.
c) A complaint shall be resolved by the Service Provider without unnecessary delay, not later than within 14 days.
d) The response of the Service Provider regarding a complaint shall be sent to the e-mail address of the Service User provided in the complaint letter or in another mode indicated by the Service User.
2. Complaints related to a Tourist Event:
a) In the event that the Customer determines a faulty performance of the agreement during a Tourist Event, he shall notify the party performing the service and the Organiser in a mode suitable for a given kind of the service.
b) Irrespective of the notification referred to in 2(a) of this chapter, within 30 days of the date on which a Tourist Event finished the Customer may file a complaint with the Organiser, the said complaint indicating the breach in the mode of performing the agreement and the indication of the Customer’s request.
c) Complaints as to the quality of the services provided by the Organiser, in particular the inconsistency of the purchased Trip with the real standard or the scope of services provided, in comparison with the standard contained in the description on the Website, may also be filed via e-mail at the address: email@example.com or in writing at the address: Dream Team Trips, Raba Niżna 100, 34-730 Mszana Dolna
d) The abovementioned message shall contain as much information and as many circumstances as possible concerning the subject matter of the complaint, in particular the type and date of the occurrence of irregularities as well as contact details. The information provided will significantly facilitate and quicken the resolution of the complaint by the Organiser.
e) If the Organiser fails to present his standpoint as to a complaint made under this chapter in writing within 30 days of the date of making the complaint, and in the event of a complaint made during a Tourist Event within 30 days of the end of the Tourist Event, the complaint shall be deemed to be accepted as justifiable.
f) The response of the Service Provider regarding a complaint shall be sent to the e-mail address of the Service User provided in the complaint letter or in another mode indicated by the Service User.
VIII. THE RIGHT TO RESCIND AN AGREEMENT
1. Subject to point 3 of this chapter the Customer being a Consumer who has concluded an agreement at a distance may rescind the agreement without providing reasons by making a relevant written declaration within 14 days.
2. In the event of rescinding an agreement, the agreement shall be deemed not to have been concluded and the Consumer shall be released from any obligations. The performances rendered by the parties shall be returned. The return shall be effected without unnecessary delay, not later than within 14 days.
3. Subject to the provisions of points 6,7 and 8 of chapter V, the right to rescind the agreement concluded at a distance shall not be vested in the Consumer in the event of an agreement:
a) in which the subject matter of the performance is a service if the service has been fully provided upon an express consent of the Consumer provided that prior to the commencement of the performance the Consumer is notified that he will lose the right to rescind the agreement after the performance has been rendered by the Entrepreneur,
b) in which the subject matter of the performance is a hotel service, a service of transporting things, car rental or catering, services related to relaxation, services related to entertainment, sports or cultural events if the agreement specifies the date or period of providing the service.
4. If the Consumer exercises his right to rescind an agreement after requesting a service to be provided, he shall be obliged to pay for the performances rendered by the time of rescinding the agreement.
5. The amount payable shall be calculated proportionately to the scope of the performance rendered with respect to the price or remuneration agreed in an agreement. The calculation of this amount shall be based on the market value of the performance rendered.
IX. INTELLECTUAL PROPERTY
1. Any content on the website at the address: http://dreamteamtrips.com/, including the name of the Website, its functionalities, graphic outlook, logotypes, elements of graphics, the arrangement and composition of these elements (so-called “layout”), as well as trademarks, software and the database shall be protected by copyright and (except for elements used by way of the transfer of proprietary copyright, license or fair use) shall be the property of Marcin Gacek, conducting business activity under the business name DREAM TEAM TRIPS MARCIN GACEK, the registered office of the entrepreneur: Raba Niżna 100, 34-730 Mszana Dolna , NIP No.[tax identification number]: 7372019821, REGON No. [statistical identification number]: 368160193. The Service User shall be fully liable for damage done to the Service Provider as a result of using any content of the website http://dreamteamtrips.com/ without the consent of the Service Provider.
2. Any use of any element comprised by the text and content of the website http://dreamteamtrips.com/ by anyone without an express written consent of the Service Provider shall constitute an infringement of the copyright vested in the Service Provider and shall result in civil and criminal liability.
1. Service Users shall be fully liable for violating law or for damage caused by their activity on the Website, in particular by providing untrue information, disclosing classified information or other secrets protected under a statute.
2. In order to protect Users’ data the Service Provider shall undertake any measures available to him.
3. The Organiser shall be liable for the non-performance or improper performance of an agreement for the provision of tourist services unless the non-performance or improper performance results exclusively from:
a) the Customer's act or omission,
b) the act of omission of third parties who do not participate in the provision of services under the agreement if the said acts or omissions could not be predicted or avoided,
c) force majeure.
4. The exclusion of liability for the non-performance of improper performance of an agreement in the cases referred to in point 3 of this chapter shall not release the Organiser from the obligation to help a wronged Customer during the Tourist Event.
5. The liability of the Organiser for the non-performance or improper performance of services during a Tourist Event shall be limited to the double price of the Tourist Event towards each Customer. The said limitation shall not apply to damage to person.
6. Without the Organiser’s consent the Customer may transfer all rights vested in him under an agreement for the performance of tourist services to a person meeting the requirements for the participation in the Tourist Event if the said person assumes all obligations under the said agreement.
7. The transfer of rights and the assumption of obligations referred to in point 6 of this chapter shall be effective towards the Organiser in the event that he is notified of that by the Customer within 14 days prior to the commencement of the Tourist Event.
8. The Customer and the person to whom his rights are transferred shall be jointly and severally liable for the outstanding part of the price of a Tourist Event and the expenses incurred by the Organiser due to the change of the Participant of the Tourist Event.
9. Prior to making a reservation of a Trip or Tourist Event related to any physical activity the Customer should consult his health condition and any disorders with appropriate medical personnel in order to obtain information on possible contraindications as to the participation in the Trip or Tourist Event.
10. The Customer shall familiarise himself in detail with the description of the Trip or Tourist Event, their program, specificity, intensity and impact on the organism, or to consult a medical doctor since some elements of Trips or Tourist Events may be hazardous to life or health in case specific diseases or afflictions co-occur.
11. The Customer shall be liable for his failure to observe the recommendations contained in points 9 and 10 of this chapter and the instructions of medical personnel.
XI. FINAL PROVISIONS
1. Agreements shall be concluded through the Website subject to Polish law.
2. Amendments made by the Service Provider to the Terms and Conditions of the Website shall be binding upon the Service User provided that he has been duly notified of the amendments and has not terminated the agreement for the provision of electronically supplied services within 14 days of the date of being notified of the amendments by the Website.
3. Any disputes arising between the Service Provider and Service Users shall be resolved firstly by negotiation with the intention to settle a dispute amicably. Should the above be impossible or unsatisfactory for any party, disputes shall be resolved by a competent common court pursuant to point 6 of this chapter.
4. Settlement of disputes in court:
a) Possible disputes arising between the Service Provider and the Service User being a Consumer shall be submitted to the jurisdiction of courts competent pursuant to the provisions of the Code of Civil Proceedings of 17 November 1964. (Journal of Laws No. 43, item 296, as amended)
b) Possible disputes arising between the Service Provider and the Service User not being a Consumer shall be submitted to the jurisdiction of the court competent for the registered office of the Service Provider.
5. The Service User being a Consumer shall also be entitled to use out-of-court methods of settling disputes, in particular by filing an application for initiating mediation or an application for hearing the case by an arbitration court after the complaint procedure has finished (the application may be downloaded from the following website: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of the Trade Inspection is available on the following website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Moreover, the Consumer may use gratuitous aid provided by a county (city) representative of consumers or a community-based organization whose objects set forth in its articles include the protection of consumers. Out-of-court pursuit of claims after finishing the complaint procedure is free of charge.
6. In order to settle a dispute amicably the Consumer may in particular file a complaint via the internet platform ODR (Online Dispute Resolution), available at the following address: http://ec.europa.eu/consumers/odr/.
DREAM TEAM TRIPS travel company is a fully insured and licensed passenger transport company. Please find below our Transport License number as well as our Professional Public Liability insurance details:
Transport license: EVTC 073200002
Professional Public Liability Insurance: Allianz Actif Pro Nº 60898704
I. General provisions
II. The purpose and scope of collecting data
III. The grounds for processing data
IV. The right to control one’s data, access their content, and to correct them
V. Cookie files
VI. Final provisions
I. GENERAL PROVISIONS
1. The administrator of the personal data collected via the Website http://dreamteamtrips.com/ is Marcin Gacek, conducting business activity under the business name DREAM TEAM TRIPS Marcin Gacek, entered into the Business Activity Central Register and Information Record, NIP No. [tax identification number]: 7372019821, REGON No. [statistical identification number]: 368160193, the address where the economic activity is conducted and the address for service: Raba Niżna 100, 34-730 Mszana Dolna, entry number in the register of tourism organisers and tourist agents: Z/82/2017, e-mail address: firstname.lastname@example.org, tel. +48 51 55 44 025, hereinafter referred to as the “Administrator”, being the Service Provider at the same time.
2. The personal data of the Service User are processed pursuant to the Act on the Protection of Personal Data of 29 August 1997. (Journal of Laws No. 133, item 883, as amended) and the Act on the Electronic Provision of Services of 18 July 2002. (Journal of Laws No. 144, item 1204, as amended).
3. The Administrator shall exercise special diligence in order to protect the interests of the persons the data pertain to and shall in particular ensure that the data collected by him are:
a) processed lawfully,
b) collected for the specified and lawful purposes and not subjected to further processing inconsistent with the said purposes,
c) materially correct and adequate to the purposes for which they are processed and stored in a form which allows for the identification of the persons these data pertain to, no longer than it is necessary to attain the purpose of the processing.
II. THE PURPOSE AND SCOPE OF COLLECTING DATA
1. The personal data of Service Users collected by the Administrator are used for marketing purposes (Newsletter), accounting purposes, for contact with the Service Provider, and other acts related to the activity of the Service User on the Website http://dreamteamtrips.com/.
2. The Administrator processes the following data of Service Users:
a) First name and surname,
b) Date of birth,
c) Number and series of the identity card/passport,
d) Address (street and number of the house/apartment, postal code, city, country),
e) E-mail address,
f) Telephone number.
3. The Administrator may process the following data characterising the manner in which the Service User uses the electronically supplied services (operational data):
a) Indications identifying the end of a telecommunications network or an ICT system used by the Service User.
b) Information on the beginning, end and scope of each use of an electronically supplied service by the Service User.
c) Information on the Service User’s use of electronically supplied services.
4. The provision of the personal data referred to in point 2 is necessary for the Service Provider to provide electronically supplied services within the Website.
III. THE GROUNDS FOR PROCESSING DATA
1. The use of the Website, conclusion of agreements for the provision of electronically supplied services via the Website, which necessitates providing personal data, is fully voluntary. The person that the data pertain to shall decide independently whether he wants to commence to use services supplied electronically by the Service Provider pursuant to the Terms and Conditions.
2. Pursuant to Art. 23 of the Act on the Protection of Personal Data of 29 August 1997 (Journal of Laws No. 133, item 883, as amended) processing data shall be permitted i.a. when:
a) the person that the data pertain to consents to this unless the processing consists in the deletion of the data pertaining to him.
b) it is necessary to perform an agreement when the person that the data pertain to is a party thereto or when it is necessary to undertake activities preceding the conclusion of an agreement on demand of the person that the data pertain to.
3. The Administrator shall process personal data subject to the grounds enlisted in point 2, on which the processing of the data is permitted The data shall be processed in connection with the performance of an agreement or the necessity of undertaking activities preceding the conclusion of an agreement on demand of the person that the data pertain to (point 2(b)). Additionally, prior to the conclusion of agreements for the provision of electronically supplied services available via the Website a future Service User shall be notified that the acceptance of the Terms and Conditions is necessary.
IV. THE RIGHT TO CONTROL ONE’S DATA, ACCESS THEIR CONTENT, AND TO CORRECT THEM
1. The Service User shall be entitled to access the content of his personal data and to correct them.
2. Each person shall be entitled to control the processing of the data that pertain to him contained in the Administrator’s data collection, and in particular to demand the completion, update, correction of personal data, a temporary or permanent halt in their processing or their deletion if they are incomplete, outdated, untrue or have been collected in violation of a statute or are already redundant to attain the purpose for which they have been collected.
3. In order to exercise the rights referred to in points 1 and 2, a relevant e-mail message may be sent to the following address: email@example.com
V. COOKIE FILES
1. The Website of the Service Provided uses cookie files. Failure to change the browser settings on the part of the Service User shall be equivalent to granting consent to their use.
2. The installation of cookie files is necessary for the appropriate provision of services on the Website. Cookie files contain information necessary for the appropriate operation of the Website, in particular where authorisation is required.
3. Within the Website the three following types of cookie files are used: “session cookie”, “permanent cookie” and “analysis cookie”.
a) Session cookies are temporary files which are stored in the end device of the Service User until logging out (leaving the Website).
b) Permanent cookies are stored in the Service User’s end device for the time specified in the parameters of the cookie files or until they are removed by the User.
c) Analysis cookies allow for a better recognition of the manner in which the Service User interacts in respect of the content of the Website and for better organisation of its structure. Analytical cookies collect information on the manner in which Service Users use the Website, the type of a website from which the Service User has been redirected, as well and the number of visits and the time of a visit of the Service User to the Website. This information is used to prepare statistics of the Website and specific personal data on the Service User is not registered in it.
4. The User shall be entitled to decide as regards the scope of the access which cookie files have to his computer, making their prior selection in the window of his browser. Detailed information on the possibility and manners of using cookie files is available in the settings of the software (internet browser).
VI. FINAL PROVISIONS
1. The Administrator shall exercise technical and organisational measures which ensure the protection of the personal data processed and the said protection shall be appropriate for threats and the categories of data protected, and shall in particular protect the data against making them available to unauthorised persons, possessing them by an unauthorised person, processing them in violation of the applicable provisions, as well as against their alteration, damage or destruction.
2. The Service Provider shall give access to appropriate technical measures preventing the obtaining and alteration of the electronically supplied personal data by unauthorised persons.