Contractual conditions

I. GENERAL CONTRACTUAL TERMSI. INITIAL PROVISIONS

1. FeelActive.pl Ltd. is a travel agency and tour organizer according to the Act of November 24, 2017, on Tourist Events and Related Tourist Services, located in Wrocław, ul. Świdnickiej 8b/6, 50-067, VAT ID: 8980025986.
2. FeelActive.pl is registered in the Register of Tour Operators and Travel Agents kept by the Marshal of the Lower Silesian Voivodeship (registration number 528/39/2013).
3. Dictionary: a) Organizer – Bartosz Sykus, conducting business under the name FeelActive.pl Bartosz Sykus, ul. Świdnickiej 8b/6, 50-067, VAT ID: 8980025986, registered in the Central Register and Information on Economic Activity; b) Client – Individual(s) expressing the intention to use, for a fee, the service of organizing a tourist event by the Organizer; c) Contracting parties – Organizer and Client; d) Event – Tourist event organized by the Organizer; e) Contract – application – a form prepared by the Organizer, based on which the Client submits an offer to the Organizer to conclude a contract for the event.

II. CONCLUSION OF THE CONTRACT

1. Information on the Organizer’s website and other information provided to the Client before submitting an offer to conclude a contract constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code (Journal of Laws No. 16, item 93, as amended), unless otherwise stated in their content.
2. The contract is concluded by the Client submitting an offer and its acceptance by the Organizer.
3. If the contract is concluded on behalf of a third party (parties), the person entering into the contract indicates this third party (parties) at the time of submitting the offer to conclude the contract.
4. By signing the contract, the Client confirms that they have read: the terms of participation, the standard information form for contracts for participation in a tourist event, the framework program, and practical information provided by the Organizer related to the trip, including additional information regarding the nature of the trip, passport and visa requirements, and health and vaccination requirements, which constitute an integral part of the contract. Information about the security situation in a given country [can be found here](https://www.gov.pl/web/dyplomacja/informacje-dla-podrozujacych).

III. PRICE

1. The price of the event includes VAT.
2. The Client pays for the tourist event by bank transfer to the Organizer’s account.
3. In the case of payment by transfer, the payment date is considered to be the date of the operation by the Client’s bank.
4. Regardless of the price of the tourist event, the Client should have a sum of money specified in the information about the tourist event provided to the Client before concluding the contract, which is intended for payments specified in this information, not covered by the price of the tourist event.
5. The price of the event specified in the contract can only be increased in the event of the following circumstances: a) change in the price of passenger transport due to changes in fuel costs or other sources of energy, or b) change in the amount of taxes or fees for tourist services covered by the contract for participation in a tourist event, imposed by entities not directly involved in the implementation of the tourist event, including tourist taxes, or Within 20 days before the event date, the price specified in the contract cannot be increased. The traveler has the right to a price reduction corresponding to the reduction in costs mentioned above, which occurred after the conclusion of the contract and before the start of the event. In the case of a price reduction, the Organizer may deduct from the amount refunded to the Traveler the actual handling costs.

IV. RIGHTS AND OBLIGATIONS OF THE CLIENT AND ORGANIZER

1. The Client has the right to all benefits arising from the contract.
2. Before the start of the tourist event, the Organizer has the right to unilaterally change the contract terms if the change is insignificant. In this case, the Organizer immediately informs the Client of the change in a clear and understandable manner, in a durable medium.
3. In the event that, before the start of the event, the Organizer is forced, for reasons beyond its control, to change the essential contract terms with the Client, the Client should promptly inform the Organizer whether:
4. a) accepts the proposed change to the contract or b) withdraws from the contract.
5. If the Client withdraws from the contract in the case specified in point IV.3, the Client may, at their choice:
6. a) participate in the proposed substitute event of the same or higher standard, unless they agree to an event of a lower standard with a refund of the price difference, or b) demand a refund of all fees and payments made and is exempt from the cancellation fee.
7. The Client may transfer to a person who meets the conditions for participation in the event all the rights due to them under the contract, notifying the Organizer no later than 7 days before the start of the event. For the unpaid part of the event price and the costs incurred by the Organizer as a result of the change of the participant, the Client and the person taking over their rights are jointly liable.
8. If, for reasons beyond the Client’s control, during a particular event, the Organizer does not perform the services specified in the contract that constitute an essential part of the program of this event, then the Organizer will provide, within this event, without charging the Client additional costs, an appropriate substitute service.
9. If the quality of the substitute service mentioned in point IV.6 is lower than the quality of the service specified in the event program, the Client may request an appropriate reduction in the agreed event price.
10. If the performance of substitute services is impossible or the Client has not agreed to it for justified reasons and has withdrawn from the contract, the tour operator is obliged, without charging the Client additional costs for this, to ensure their return to the place where the tourist event started or to another agreed place under conditions not worse than those specified in the contract.
11. Before concluding the contract, the organizer provides the client with general information on the passport, visa, and health regulations applicable to participation in the tourist event. During the event, the participant is obliged to have the appropriate documents related to the above-mentioned regulations.

V. CLIENT INSURANCE

1. The Organizer concludes an insurance contract for the costs of treatment and consequences of accidents for each of the participants in a foreign tourist event. In the case of an event held in Poland, the Organizer only concludes insurance for the consequences of accidents.
2. General insurance conditions, including the possibility of increasing the insurance sum, the method of settling the damage, are delivered to the Client before the start of the tourist event.
3. The Organizer recommends that the Client take out cancellation insurance for participation in the event. The Client has the option to take out such insurance when concluding a contract for a tourist event.

VI. WITHDRAWAL FROM THE CONTRACT

1. If the organizer cancels the tourist event for reasons beyond the Client’s control (in accordance with the provisions of Article 46 of the Act on tourist services), the Client has the right, at their choice:
2. a) participate in a substitute event of the same or higher standard, unless they agree to an event of a lower standard with a refund of the price difference, b) demand a refund of fees and payments made.

In this case, the client may claim damages for non-performance of the contract, unless the cancellation of the tourist event occurs due to:

1. a) fewer participants than the minimum number, and the organizer informs the client about it in writing within an agreed period, b) unavoidable and extraordinary circumstances.
2. The Organizer reserves the right to cancel the event due to the lack of a sufficient number of participants no later than:
3. a) 20 days before the start of a tourist event lasting more than 6 days, b) 7 days before the start of a tourist event lasting 2-6 days.

The condition for exercising this right is to specify the minimum number of participants in the event.

3. The Client may withdraw from the contract at any time. Withdrawal from the contract requires written form. In this case, the Client is obliged to return all travel documents issued by the Organizer, and they are entitled to a refund of the amount paid after deducting the cancellation fee, individually determined in each case. The cancellation fee includes the costs incurred by the Organizer in connection with the conclusion of the contract by the Client and subsequent withdrawal from it and corresponds to the price of the tourist event reduced by the saved costs or revenues from the alternative use of the specified tourist services.
4. As a withdrawal from participation in the event by the client, which entails the obligation to refund the costs incurred by the Organizer in connection with the withdrawal, it is also understood:
5. a) refusal to issue a passport, visa, lack of documents entitling to cross the border, b) prevention of crossing the border by border services, c) failure to arrive at the meeting point (for group departure by means of collective transport), d) failure to report to the place where services are provided by the pilot or other representative of the Organizer indicated in the program and/or voucher, e) withdrawal due to illness and other random events.

VII. ORGANIZER’S LIABILITY

1. The Organizer is responsible for non-performance or improper performance of the tourist event contract, unless non-performance or improper performance is solely caused by:
2. a) the actions or omissions of the Client, b) the actions or omissions of third parties not involved in the provision of services specified in the contract, if these actions or omissions could not have been foreseen or avoided, c) due to unavoidable and extraordinary circumstances.
3. The Tour Organizer immediately provides appropriate assistance to the traveler who finds themselves in a difficult situation. The Tour Organizer may demand a fee for providing assistance if the difficult situation arose due to the intentional fault of the traveler or as a result of their gross negligence.
4. The Organizer limits liability for non-performance or improper performance of services during the event, except for personal injury, to three times the price of the event per each Client. This limitation does not apply to damage caused intentionally.
5. The Organizer limits their liability for damage caused to the Client due to non-performance or improper performance of the contract in cases specified in international agreements to which the Republic of Poland is a party.
6. In the case of optional events concluded by Clients on-site with local entrepreneurs, not covered by the event program, the organizer is not responsible towards the Client if they do not mediate in the conclusion of these contracts.

VIII. FINANCIAL SECURITY

1. The Organizer confirms having financial security:
2. a) to cover the costs of returning clients from the tourist event to the place of departure or planned return from the event in case the tour organizer or travel intermediary, contrary to the obligation, does not ensure this return; b) to cover the refund of payments made as payment for the tourist event in case, for reasons related to the tour organizer or travel intermediary and persons acting on their behalf, the event will not be realized; c) to cover the refund of part of the payments made as payment for the tourist event, corresponding to the part of the tourist event that will not be realized for reasons related to the Obligor and persons acting on their behalf – in the form of an insurance guarantee agreement concluded with the insurance company Signal Iduna and within the framework of the Tourist Guarantee Fund. The Client seeking reimbursement of the costs of their return to the country in a situation where the Organizer, contrary to the obligation and despite the summons, does not ensure this return should immediately contact the Marshal of the Lower Silesian Voivodeship at tel. (12 3796000), e-mail: (pt.sekretariat@umwm.pl), or the nearest consular office and submit the original contract for the provision of tourist services and a statement of the Organizer’s failure to fulfill the obligation to ensure the return to the country.
3. The Client seeking a refund of payments made in the event of non-performance of contractual obligations should contact the Marshal of the Lower Silesian Voivodeship or the Insurer. To claim payment, the following should be attached: a) a contract for the provision of tourist services; b) proof of payment for the tourist event.

IX. INTERNAL PROCEDURE FOR HANDLING COMPLAINTS – COMPLAINTS

1. If during the event the Client finds defective performance of the contract, they should immediately notify the service provider and the Organizer and cooperate to avoid any further damage.
2. The Client may submit a written complaint to the Organizer within 30 days of the end of the event.
3. Complaints are considered no later than:
4. a) in the case of filing a complaint during the event – within 30 days of its completion, b) in the case of filing a complaint after the end of the event – within 30 days from the date of its submission.
5. In the case of filing a complaint after the deadline, the Organizer may consider it ineffective.
6. In the event of refusing to consider the complaint, the Tour Organizer justifies in writing the reasons for the refusal.
7. The Organizer informs that in the event of a non-consideration of the complaint, the Client can use out-of-court methods of consumer dispute resolution, as referred to in the Act of September 23, 2016, on out-of-court resolution of consumer disputes (Journal of Laws item 1823), and the platform for online dispute resolution in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Official Journal of the European Union L 165 of 18.06.2013).

X. FINAL PROVISIONS

1. The invalidity of any provision of these Terms of Participation does not affect the validity of the remaining provisions.
2. In case of inconsistency between the contents of the contract and the Terms of Participation, the parties are bound by the contract.
3. In matters not regulated by these Terms of Participation, provisions such as the Law on Tourist Services, the Civil Code, and other regulations concerning consumer protection apply.
4. Any disputes arising in connection with the performance of this contract, in the absence of agreement, shall be settled by the court competent for the defendant’s place of residence.