GENERAL CONDITIONS
1. The organizer of VABO TRIPS is VABO TRAVEL sp z.o o., Szlak 77/222, 31-153 KRAKÓW, MAŁOPOLSKIE, NIP: 6762599240, REGON: 389263531, next referred to as “Organizer”.
2. A condition for participation in the trip is the Participant’s consent to the provisions of these Regulations. The Participant acknowledges that they will not be able to use the services of ST Entertainment sp z.o o. if they do not accept the terms of the Regulations.
CONTRACT CONCLUSION
1. A contract is concluded at the moment of accepting the offer for a specific trip by accepting the regulations and filling out the questionnaire.
2. Upon concluding the Agreement for participation in an Event organized by the Organizer, the Participant confirms that they have read the Terms of Participation.
3. The person making the reservation for the Event must have full legal capacity. Concluding an Agreement on behalf of a minor requires written consent from the parents or legal guardians, with notarially certified signatures of the parents or guardians if the minor is traveling without a parent or legal guardian. Parents or legal guardians are liable for damages caused during the Event by minors.
4. The Participant is required to make the reservation fee payment within an non-extendable period of 24 hours from booking (the time of submitting the transfer order is counted).
5. The Participant must immediately inform the Organizer of any change in personal data or significant data important for the execution of this Agreement (passport exchange, loss of documents or entitlements, etc.). Failure to inform or providing the information too late to make appropriate changes exempts the Organizer from the consequences arising therefrom, and the Participant may be charged additional costs.
6. The Organizer contacts the Participant through messengers, Instagram, by phone, provided that the Participant has given a phone number. The Organizer is not responsible for incorrectly provided contact data.
PAYMENT CONDITIONS
1. By reserving the Event, the Participant undertakes to pay the Organizer the Price specified in the Agreement for the tourist Event and all additional fees.
2. Failure to pay the reservation fee is equivalent to the cancellation of the reservation.
3. The remaining part of the Fee must be paid by the Participant no later than 21 days before the start of the event. The date of payment is considered the day the funds are received in the Organizer’s bank account. In disputed situations, the Organizer is entitled to demand immediate proof of payment under the threat of removal from the list of Participants of the tourist event. If the Agreement is concluded later than 40 days before the start of the event, the Participant is obliged to pay 100% of the price of the event and provide the Organizer with an electronic confirmation of the transfer. Failure to pay or not providing the confirmation upon the Organizer’s request results in the cancellation of the reservation. After the conclusion of the Agreement, the Participant is not entitled to any discounts and promotions offered at a later date, even if the Organizer offered such.
4. The price does not include additional fees and local taxes, such as: climate tax, mandatory fees for bed linen and towels charged by the hotel, a deposit for the apartment and a ski pass deposit, which the Participant is obliged to pay in the manner and form specified by the Organizer, unless the Agreement provides otherwise.
5. All payments under this Agreement should be made by the Participant by transfer to the Organizer’s bank account in Polish zloty: 28109000880000000148230646 or euro: 14109000880000000148230704.
6. Payments for placed orders can be made through the Stripe payment platform (which allows payments by Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, Blik, Immediate Transfer, and Traditional Transfer).
7. The entity providing online payment services is Krajowy Integrator Płatności S.A.
8. If the Purchaser chooses prepayment, the order must be paid within 7 business days from the order placement.
9. The Seller informs that in the case of some payment methods, due to their specifics, paying for the order by this method is only possible immediately after placing the order.
10. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
11. The Organizer reserves the right to change the Price or additional fees and reserves that the amounts due from local taxes, which the Participant is obliged to pay, may change to the extent permitted by law.
12. The price of the tourist event may be increased due to the occurrence of at least one of the following circumstances: increase in transportation costs, increase in official fees, taxes or fees due for such services as airport, sea and air port fees, increase in currency exchange rates. The Organizer will be obliged to document the impact of one of the above circumstances on the price increase, considering the absolutely binding provisions of the Act. The Organizer will inform the participant of the price change immediately (no later than the 21st day before the departure date) via social media profile, telephone contact, or email address. Less than 20 days before the departure date, the price of the tourist event cannot be changed.
ACCOMMODATION CONDITIONS AND OTHER STATEMENTS OF THE PARTIES
1. The Participant declares that they are aware that the Organizer offers multi-person apartments on its trips, and the assignment of Participants to an apartment is made by the Organizer.
2. The Participant declares that they are aware that the apartment in which they will be accommodated has double beds and beds in the living room, and that the specific division of sleeping places is made between the Participants, without the participation of the Organizer (unless other conditions are provided by the format of the event). The Organizer provides the Participant with one sleeping place in a multi-person apartment according to the agreement (unless no additional services have been purchased by them).
3. The Organizer reserves the right to place Participants in apartments at its discretion, and the Participant accepts this fact. It is possible to choose a group of more than two people with whom the Participant wants to live in an apartment, and the Organizer will make efforts to meet these expectations. However, the Organizer declares, and the Participant acknowledges, that the suggestion of indicating people for a shared apartment is not binding for the Organizer.
4. If the Participant purchases only one place in a room, and the Organizer does not have single rooms available, other Participants of the tourist event will be accommodated in the room occupied by them. If the Participant does not agree to accommodate another person, they are obliged to pay a surcharge for the remaining sleeping places in the room. The Organizer will make efforts to ensure that another participant of the Event is of the same sex, however, it does not guarantee such a solution.
5. The Participant is obliged to comply with all regulations and rules of the facility applicable at the place of accommodation, as well as in the common use areas. In the event of damage caused by the Participant in the apartment and the building in which the apartment is located and/or leaving the apartment uncleaned contrary to the regulations applicable in the facility, the Organizer informs that it is entitled to deduct or claim the due amount for the damages caused (including: final cleaning of the apartment) as compensation for repairing the damage on behalf of the owner of the facility.
PERFORMANCE OF THE AGREEMENT. GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Participant is obliged to possess valid travel documents entitling them to cross the border of the Republic of Poland and the borders of other countries through which they travel and to which they go, in particular a passport, visa, etc. The Organizer is not responsible for decisions of customs, order, consular, border services refusing entry to a person to the territory of a given country.
2. Due to the nature of the tourist event, the Organizer reserves the right to terminate the Agreement with immediate effect and remove the Participant from the Event if the Participant breaks the law, violates any applicable regulations, especially order regulations, endangers their safety and that of people attending the Event, disturbs their peaceful rest, when the Participant does not comply with the Travel Regulations, provisions of this Agreement. All costs arising from this are borne by the Participant.
3. The Participant is responsible for damages caused by their fault during the Event and is obliged to repair them or cover the costs of their repair from their own funds – both towards the Organizer and third parties. The above provisions also apply to damages caused by snowboarding and skiing, riding quads or snowmobiles, wakeboarding or kayaking.
4. The Organizer is not responsible for the Participant’s property if, due to their negligence or fault, it comes to an exchange, forgetting, destruction, loss, or theft of property, including in particular when the Participant leaves their luggage unattended. The Organizer is not responsible for money, valuables, and items left by Participants during the stay at the Event and in transport means. The Organizer has the right to charge a fee to cover the costs of searching for and transporting forgotten items. The fee can be charged regardless of whether the forgotten item was found.
5. Free additional attractions do not constitute part of the tourist event, the Organizer reserves the right to change or cancel them at any time during the Agreement, without stating the reason. Only in the case of changes or cancellation of Paid Attractions, the Participant will be refunded the costs of their purchase.
ASSIGNMENT AND TRANSFER OF RIGHTS AND OBLIGATIONS OF THE PARTICIPANT TO A THIRD PARTY AND CHANGE OF RESERVATION TO ANOTHER
1. The Participant may transfer all rights and obligations under the Agreement to a third party, however, this person must meet the conditions enabling participation in the event. The Participant is obliged to inform the Organizer immediately about the transfer of rights and obligations. In the case of transferring the rights of the agreement to a third party, the Organizer reserves the right to charge the Participant or the third party entering their rights and obligations with handling costs (related to the change of reservation) in the amount of 10% of the full value of the tourist event. The Organizer reserves the right to refuse to make the assignment less than 7 days before the start of the Event. All costs related to the change of participation and settling the dues for participation in the event are jointly borne by the Participant and the recipient entering their rights.
2. The Participant may change their reservation to another Event, organized by the Organizer. Such a change is only possible with the consent of the Organizer. The change is not possible in any case later than 21 days before the departure date. In the event of changing the Event to another, all payments made by the Participant will be transferred to the account of the new Event and the Participant will be charged a fee of 200 PLN (which will be added to the price of the new Event) and any difference resulting from the prices of both Events, calculated on the day of reporting the intention to change the reservation.
OBLIGATION TO PROVIDE ASSISTANCE TO THE PARTICIPANT
1. In the event that the Traveler finds themselves in a difficult situation due to unavoidable and extraordinary circumstances, the Organizer undertakes to provide the Participant with appropriate assistance.
2. In the event that it is impossible to ensure the Participant’s return to the country of departure, the Organizer bears the costs of necessary accommodation for the Participant, as far as possible of a category equivalent to that specified in the Agreement, for a period of up to 3 nights.
3. The above entitlement to accommodation does not exclude the application of more favorable provisions in this regard.
4. All costs of resolving a difficult situation are borne by the Participant (unless the situation is covered by insurance).
GENERAL CONDITIONS OF TRANSPORT
1. The Participant is obliged to comply with the hours and places of meetings.
2. During travel by vehicle and while staying in the vehicle, there is a total ban on drinking alcohol, smoking tobacco, and taking other intoxicants. In case of violation of the above prohibition, the Organizer reserves the right to remove from the vehicle the person committing the violations. This is equivalent to withdrawing from the agreement due to the Participant’s fault. In this situation, the Organizer will deduct from the paid price the costs it incurred in connection with the preparation of the event, as well as its remuneration for the preparations made to implement the Agreement. The Organizer is exempted from refunding the costs for the unmade journey.
3. In case of a vehicle breakdown, the Organizer undertakes to provide the Participants with a replacement transport. The Organizer reserves that the replacement transport may differ in standard from the original transport, and the Participant declares that they consent to this.
4. The Organizer uses the services of vehicle rental companies. The journeys take place in a self-drive format, where each participant can act as the driver (meeting the specified conditions).
5. The Organizer is not responsible for money, bills, checks, credit cards, jewelry, mobile phones, personal computers, other valuable items placed in the trunk. The same applies to items that are easily breakable or perishable.
6. The Participant is liable for damages caused to the Carrier, the Organizer, and other traveling Participants.
GENERAL CONDITIONS OF OWN TRANSPORT
1. The Participant using the option of own transport arrives at the place of the Event with their own organized transport at their own risk and cost.
2. The Organizer is not obliged to provide any services to the Participant who arrived at the place of the event too early or checked out too late. Any costs arising from the circumstances mentioned above are borne by the Participant.
3. For participants traveling with their own means of transport, the day of the start of the Tourist Event is considered the day following the day the other Participants start the coach trip organized by the Organizer, but not earlier than the time specified in the Departure Information.
GENERAL CONDITIONS OF AIR TRANSPORT
1. Air transport of participants is not the subject of this Agreement. It is possible to conclude a separate commission agreement, based on which the Organizer will conclude a transport agreement on behalf of the Participant with the selected Carrier, acting as an intermediary. In this case, the Organizer is obliged to act carefully.
2. The transport of Participants is carried out by entrepreneurs conducting business in this field, hereinafter referred to as the Carrier, using appropriate means of transport. The Carrier, transport means, Carrier’s service conditions, and agreements with them are presented to the Participant for acceptance. Upon signing the commission agreement, the Client declares that they have familiarized themselves with the transport conditions and accepts them.
3. The Organizer is not responsible for the loss of luggage or for non-compliance with the Carrier’s established norms for transported luggage. All additional charges for excess luggage, additional Carrier services are borne by the Participant.
4. The Participant is informed about the regulations and rules of air travel and takes full responsibility for their own behavior.
5. In the event that the Participant is blocked by the airlines for non-compliance with the Carrier’s regulations, the Participant is obliged to ensure their return to the country at their own expense.
WITHDRAWAL FROM THE EVENT
1. The Participant has the right to withdraw from the Agreement. The date of withdrawal is the day the Organizer receives the Participant’s statement of withdrawal, made by email or direct notification to the Organizer.
2. The reservation fee is not refunded to the Participant if they unilaterally withdrew from participation in the Tourist Event by not making the payment of the remaining part of the price within the designated 21-day period before its start.
3. If the Participant withdraws from participation in the Tourist Event or if they do not start the tourist event for reasons independent of the Organizer, the Organizer reserves the right to demand from the Participant the payment of the full value of the expenses incurred by the Organizer for the Participant.
4. The Participant bears the costs of withdrawal also when they did not arrive on time at the airport or at the place designated for the departure of the vehicle, i.e., at the place of the start of the tourist event at the time specified in the travel documents, or if the start of the tourist event by them is impossible due to lack of documents, e.g., a passport, ID card, or necessary visa. The Participant is obliged to submit a written withdrawal from the Tourist Event by email, no later than the end of the day on which the Tourist Event started.
5. The non-appearance of the Participant using their own transport at the place of the Event within 24 hours after the start date of the event is treated as withdrawal from the trip.
6. The basis for determining the costs of withdrawal are the actual costs incurred by the Organizer for organizing the tourist event, which have been listed in Annex 1 to these Regulations. In the event of the Participant’s withdrawal from participation in the tourist event, the Organizer is entitled to collect an amount corresponding to the height of the costs actually incurred by the Organizer in connection with the preparation of the organization of the event, but not more than (estimated costs):
* 20% of the price of the event if the withdrawal occurs up to 30 days before the start of the event
* 50% of the price of the event if the withdrawal occurs up to the 15th day before the start of the event
* 80% of the price of the event if the withdrawal occurs from the 14th to the 7th day before the start of the event
* 100% of the price if the withdrawal occurs 6 or fewer days before the start date of the event.
7. The Organizer may proceed to calculate the final costs incurred only after the end date of the trip and settling the costs of the event that the Participant did not use. In the case of events carried out by scheduled/regular aircraft (non-chartered), the above conditions of change and withdrawal do not apply. Costs of changes and withdrawals calculated by the Organizer will depend on the costs charged by the carrier. Before confirming a change/withdrawal, contact the organizer to obtain information on any costs arising from this.
8. The Organizer within 14 days from the day of the end of the Tourist Event will calculate the refund amount for the Event reduced by the fee for withdrawing from the Agreement, calculated based on the costs known on the day of the termination of the Agreement. If after the calculation of the final incurred costs it is necessary to return part of the fee to the Participant, the Organizer will immediately refund the Participant the due amount.
9. The above provisions of this chapter do not apply in the case where the Act provides that withdrawal by the Participant from the Agreement or its termination by the Traveler occurs without a fee.
10. The Organizer may terminate the Agreement and make a full refund to the Participant of payments made under the Event within 14 days of terminating the Agreement, without additional compensation or redress, if the number of reservations is less than 60% of the maximum number of participants, and the Organizer notified the Participant of the termination of the Agreement no later than 14 days before the start of the Event.
CANCELLATION OF THE EVENT
1. Due to the fact that the Organizer organizes group Tourist Events, it may terminate the agreement and make a full refund to the Participant of payments made under the event, without additional compensation or redress, if: – it does not reach the planned minimum group (min. 60% of people from the maximum number of participants) and notifies the Participant of the termination of the agreement no later than 14 days before the start of the Tourist Event; – unavoidable and extraordinary circumstances occur and it notifies the Participant of the termination of the agreement immediately before the start of the Event. In the above cases, the Organizer makes a refund of payments made under the agreement within 14 days from the day of its termination.
2. If the Event is canceled due to not reaching the planned minimum group, the Participant will be notified first by phone or other available method, and then also in writing or on another durable medium.
COMPLAINTS
1. If during the tourist event the Participant finds the Agreement improperly executed, they should immediately notify the Organizer or its representative at the place of the event implementation. In the event of a confirmed non-compliance, the Participant has the right to file a complaint. To prevent damages, the complaint should be submitted by the Participant immediately, so that the Organizer can intervene and clarify the matter as soon as possible. The Organizer recommends submitting complaints in paper or electronic form (by email to: vabotrips@gmail.com) or on another durable medium. By “durable medium,” it is understood a material or tool enabling the storage of information in a way that allows access to information in the future for a period appropriate to the purposes for which the information serves, and which allows the reproduction of stored information in an unchanged form. The complaint should include data enabling the identification of the Participant and the tourist event in which they participated, the subject of the complaint, indicating the non-compliance, specifying the demands, and in addition, the Organizer suggests that due to the need to establish a reliable factual state and clarify all circumstances, it should be submitted within no longer than 30 days from the day of the end of the event. To preserve the deadline, it is sufficient to send the complaint before its expiration. In the event of submitting a complaint after the deadline, the Organizer may consider it ineffective.
The complaint related to the implementation of the tourist event may be directed directly to the Organizer at the address: ST Entertainment sp z o.o. Neither the Pilot nor any other representative of the Organizer at the place of the event is authorized to recognize claims of the Participant related to the Agreement, in particular arising from the complaint submitted by the Participant.
The response to a properly submitted complaint will be provided to the Participant in paper form or via another durable medium of information, according to the circumstances and the form of submission of the complaint by the Participant, but no later than within 30 days from the day of receiving the complaint. To preserve the deadline, it is sufficient to send (e.g., send a shipment at a post office or send an email) the response before its expiration.
GDPR
1. By accepting the regulations, the Participant confirms that they have been informed about the possibility that the course of the Event, including the image of persons participating in it, will be recorded using devices capturing image and sound.
2. By participating in the Event, the Participant consents to the free use, including dissemination by VABO TRAVEL sp z.o o. of their image captured during the Event using devices capturing image and sound, by its publication in whole or in parts on social media profiles (including Instagram, Facebook, Youtube, Twitter, Tiktok) and websites of VABO TRAVEL sp z.o o. and entities cooperating with it, as well as in publications, presentations, film materials, and other types of informational materials (also in printed and electronic versions) distributed by VABO TRAVEL sp z.o o. in connection with the organization of the Event or concerning its informational or promotional activity.
3. In accordance with Article 13(1) and (2) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the EU L 119/1 of 04.05.2016), hereinafter referred to as “GDPR”, I inform that:
1) The Administrator of personal data of Participants is ST Entertainment sp z.o o., 00-838 Warsaw, Prosta 70.
2) Contact with the Administrator of personal data of Participants: vabotripsgmail.com;
3) The legal basis for processing personal data is:
* 6(1)(b) GDPR – processing of data for the purpose of performing the contract, taking actions before concluding the contract, including preparing an appropriate offer for you, and concluding and implementing the contract;
* 6(1)(c) GDPR – the necessity of collecting data to issue accounting documents for the implementation of the contract for an individual, and the necessity of their storage in accordance with legal regulations;
* 6(1)(f) GDPR– realization of our legally justified interests in the case of the necessity of compulsory pursuit of claims
4) Personal data of Participants in the form of an image will be processed for the purpose of informing in the media and publications about the activity of the Administrator, based on Article 6(1)(a) GDPR, i.e., a separate consent, as mentioned in point 2 above;
5) Recipients of personal data will be entities authorized to obtain personal data under separate legal provisions, authorized employees/cooperators of the Administrator, providers of technical and organizational services, and entities to which the Administrator has entrusted the processing of personal data – with all guarantees ensuring the security of the transmitted data;
6) Personal data of Participants will be stored until the withdrawal of consent;
7) Personal data of Participants will be stored in electronic form on electronic devices owned by ST Entertainment sp z.o o. Each device on which the Participants’ data will be stored in electronic form is secured with a password or biometric verification.
8) Participants have the right to access the content of their data and the right to rectify, delete, limit processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of processing, which was made on the basis of consent before its withdrawal;
9) Participants have the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office if the processing of personal data by the Administrator violates the provisions on data protection;
10) Providing personal data is voluntary, but necessary for participation in the Event;
11) No automated decisions (decisions without human involvement) will be made against Participants, including their data will not be subject to profiling.
The Participant declares that they have familiarized themselves with the terms of participation and accept them.