Conditions of Participation in transport services organised by Wordine Group LTD
For the purposes of this act the following terms appearing in the "Conditions of Participation in transport services organised by Wordine Group LTD shall have the following meaning:
Participation Conditions - shall mean the "Conditions of Participation in transfers or transport services organised by Wordine Group LTD
Transport Service - shall mean a transfer or other transport service organised by Wordine Group LTD Organiser - shall mean Wordine Group LTD with its registered seat 4th Floor, 86-90 Paul Street, London EC2A 4NE.
Client - shall mean a natural or legal person intending to conclude or having concluded an Agreement of participation in a transfer or transport service organised by Wordine Group LTD in person or on behalf of another person, provided that the conclusion of the Agreement does not fall within the scope of his/her economic activity, or the economic activity of the person on behalf of whom the Agreement has been concluded or the economic activity of the person to whom the right of benefiting from the service subject to the previously concluded Agreement has been transferred.
Agreement - shall mean all mutual rights and obligations of parties resulting from the provisions of the Agreement of participation in a tourist event or a trip, together with the Participation conditions.
Organiser's Employee - shall mean any person acting on behalf of and for the Organiser on the basis of any legal relationship.
Force majeure - shall mean any external and unavoidable occurrence which cannot be predicted, foreseen or prevented, in particular a factual, legal or administrative occurrence which remains outside of the scope of control of the Parties to the Agreement despite all reasonable efforts undertaken by them.
CONCLUSION OF AN AGREEMENT:
Prior to the conclusion of an Agreement, the Client shall familiarise him/herself with the following:
• The framework programme of services included in the Organiser's list of services and products. The latter shall specify the place or the itinerary including departure place and destination, the type of the means of transport and the price of the service. Product and Service List outlining the events is presented in advertising brochures, on the www.quicktransfer.com website,
• Participation Conditions,
• Information concerning the carrier including the type of licenses and permits held by the latter,
• Information concerning insurance conditions,
• Documents listed in point 1 constitute an integral part of the Agreement; when concluding the Agreement, the Client declares that he/she has read and accepted them.
The conclusion of an Agreement of participation in a transfer shall take place upon the purchase of a voucher authorising the participation.
1. A Client shall conclude an Agreement in person, whereas in the case of persons without full legal capacity, the Agreement shall be concluded by his/her parents or guardians by appointment of the court. A group order shall be signed by authorised persons. Any person concluding an Agreement on behalf of a third person shall declare that he/she is authorised to conclude the Agreement. In the event of introducing amendments to the signed Agreement, the person signing the Agreement shall declare that he/she is acting on the basis of a legally binding authorisation which has not been withdrawn. By concluding an Agreement, the Client declares that he/she has been presented with and accepts the Participation Conditions as well as information concerning insurance conditions and confirms the receipt of the Organiser's Product and Service List together with the price list including information on the transport service purchased. Upon the conclusion of the Agreement the Client shall become bound to pay the price specified in the Product and Service List.
2. The authorised person specified above shall declare that the persons included in the group order and whose personal data is specified in the Agreement have acknowledged the Participation Conditions in force, as well as the information concerning insurance conditions and the framework programme of the Event pursuant to the provisions of point 1 of the present paragraph, and that they have declared their consent to the participation in the Event, pursuant to the provisions of Article 393 paragraph 2 of the Civil Code. The authorised person declares that he/she has been authorised to submit on behalf of the Clients whom he/she represents a declaration concerning their consent to the processing of personal data, or lack thereof.
3. Any modifications and possible cancellation of the participation a transfer or transport service shall be executed solely by a Client who has signed the Agreement, and who represents the remaining participants and acts on their behalf assuming any responsibility for his/her actions regarding these participants with the exception of situations in which a participant has informed the Organiser in writing of the withdrawal of the authorisation previously granted to the person who signed the Agreement.
4. In the event of the cancellation of participation in the transfer, the amount paid and subject to settlement outlined further in the present Participation Conditions shall be returned to the Client who signed the Agreement and whose authorisation to act on behalf of a participant has not been withdrawn, or to the participant who has made the payment in person, upon the provision of a payment confirmation issued in their name and surname.
PAYMENT CONDITIONS, MODIFICATION OF IMPORTANT PROVISIONS OF THE AGREEMENT, WITHDRAWAL IN THE TRANSPORT SERVICE OF CONDITION MODIFICATION, AMENDMENTS TO THE AGREEMENT FOR REASONS CAUSED BY THE CLIENT:
The Organizer who, prior to the commencement of an transport service and due to reasons independent of the Organiser, is forced to modify important provisions of the Agreement concluded with the Client, without prejudice to point 6, shall immediately inform the Client of this fact. In such a situation, immediately upon the receipt of the notification and no later than on the date specified therein, the Client shall inform the Organiser whether:
• he/she accepts the proposed amendments to the Agreement, or
• he/she withdraws from the Agreement with an immediate reimbursement of all the amounts paid and without the obligation to pay any fines.
The Organizer reserves the right to cancel a Transport service at the latest 3 days prior to its commencement in the transfer of force majeure. In such a situation, the Client is entitled to the reimbursement of all amounts paid without any deductions made by the Organizer. Should the Client, pursuant to the provisions of point 3, withdraw from the Agreement, or should the Organiser cancel the Transport service pursuant to conditions specified in point 4, the Client is entitled to chose one of the following options:
• immediately send a declaration in which he/she requests the Organiser to suggest a substitute transport service of the same or higher standard, unless he/she agrees to participate in a transport service of a lower standard with the reimbursement of the price difference.
• request an immediate reimbursement of all payments made.
The Client has the right to request compensation for the failure to perform the provisions of the Agreement, should the Transport service be cancelled by the Organiser due to force majeure of which the Client shall be informed within the time frame specified in point 4.
The price specified in the Agreement may be raised until the 21st day prior to the departure date if the Organiser provides documentary evidence for one of the following occurrences as the reason for the price increase:
• a raise of transport costs,
• an increase resulting from the exchange rate.
OTHER CASES OF WITHDRAWAL FROM PARTICIPATION IN A TRANSPORT SERVICE:
The Client has the right to withdraw from participating in the Transport service. The date of withdrawal shall be:
• the day on which the Organiser is provided with the declaration of withdrawal,
• the first working day following the day on which the Client failed to perform on the specific dates actions indicated by the provisions of the Agreement or Participation Conditions.
Should the Client withdraw from participating in the Transport service for reasons that do not fall withing the scope of the Organiser's competences:
• If cancellation in writing is received up to 24 hours prior to commencement, all funds paid will be refunded in full, less an administrative charge of € 40,00 for foreign bank transfers,
• Cancellation with no expenses are possible up to 48 hours before commencement, up to 24 hours we charge 50%, less than 24 hours we charge 100 % of the agreed contract price,
• No refunds for “no shows” and no refunds for unused portions during the course of the tour. These conditions are not valid, if other cancellation terms are listed in the quotation.
RIGHTS AND OBLIGATIONS OF CLIENTS:
Should the Client notice any faults in the implementation of the provisions of the Agreement, he/she shall immediately and in an adequate manner inform of this fact the Organiser and the service provider. .
From the outset of the service, the Client shall be obliged to abide by any indications of the Organiser's Employees as regards the realisation of the itinerary the Transport service.
The Client shall conform to any customs and exchange regulations in force on the territory of the Republic of Poland, as well as those in force in transit and destination countries.
REALISATION OF THE AGREEMENT, COMPLAINTS:
1. The Organizer shall be responsible for the failure to carry out the Agreement or for carrying it out inadequately, unless it is the consequence of an action of the Client or a failure to act thereof, an action or a failure to act of third parties who do not participate in the provision of services specified in the Agreement, provided that these actions of the failure to act are unpredictable, unavoidable or result from force majeure.
2. The Organizer thereby limits the responsibility for the failure to perform or the inadequate performance of the provisions of the Agreement up to the double amount of the price of the transfer in relation to every Client. This limitation does not include damage to person.
3. If, for reasons independent of the Client during the transport service, the Organiser does not perform services foreseen by the Agreement, the Organiser shall provide substitute service at no additional cost to the Client. In the case of a substitute service of a lower quality, the Client may request that the price of the service be adequately lowered.
4. Should the Client observe during the Transport service that the Agreement is performed in a faulty manner, the Client shall immediately notify an Employee of the Organiser in the place of the occurrence or, should contacting an Employee prove impossible, directly the Organiser's head office, in a manner adequate to the type of service. The Organiser's Employee shall confirm the receipt of the Client's complaint and guarantee that in the case of the Employee's failure to manage the complaint, it shall be forwarded immediately to the Organiser.
5. The Organizer shall examine the complaint no later than within 30 days following the date on which the complaint was lodged.
As regards the collection of the Client's personal data specified in the Agreement, the Organiser, acting as a personal data administrator as defined in the Act of 29 August 1997 on the protection of personal data (hereinafter referred to as the Personal Data Protection Act, consolidated text Journal of Laws of 2002, no 101 item 926 with subsequent amendments), informs the Client of the following:
• the head office of the Organiser is located in London,
• data has been collected for marketing, statistical and archival purposes, and in order to be used for sending information materials and for specialist publications,
• data has been collected in order to fulfill the requirements stemming from the Agreement (in UK and abroad), when the person whose data has been collected is a party to the Agreement or when it is necessary for undertaking indispensable actions prior to the conclusion of the Agreement, as well as for archival and statistical purposes,
• the foreseen recipients of data are entities cooperating with the Organiser in the process of pursuing the provisions of the Agreement, entities undertaking at the request of the Organiser any marketing actions, of both substantial and technical nature, as well as specialised health care centers in Poland and abroad,
• The Client has the right to access his/her personal data and modify it,
• The Client has the right to refuse his/her agreement for the processing of personal data for purposes specified above, without prejudice to the provisions of Article 23 of the Personal Data Protection Act,
• Should the Client fail to agree to the processing of his/her personal data and/or the personal data or persons indicated by him/her in the Agreement, for purposes specified in point 1 (b), the Organizer shall process data in order to fulfill the obligations resulting from the provisions of the Agreement (in UK and abroad) and when it proves necessary for the fulfillment of legally justified purposes pursued by the Organiser or the recipients of the data, and provided that data processing does not infringe upon the rights and freedoms of the person whose data is being processed, pursuant to the provisions of Article 23 paragraph 1 point 3 and 5 of the Personal Data Protection Act.
The Organizer shall be entitled to process personal data in order to fulfill obligations stemming from the Agreement (in UK and abroad) when the person whose data is being processed is a party thereto or when it proves necessary in order to undertake the obligatory actions prior to the conclusion of the Agreement.
The Client shall agree to the processing of personal data in order to fulfill the provisions of the insurance agreement and acknowledges that he/she is authorised to access his/her personal data and amend it.
Issues not regulated by the Participation Conditions are subject to the provisions of the Act of 23 April 1964 - Civil Code, the Act of 29 August 1997 on tourist services, the Act of 29 August 1997 on the protection of personal data, the Act of 2 March 2000 on the protection of certain consumer rights and the liability for damages caused by a dangerous product, the Act of 15 November 1984 - Transport Law, the Act of 18 July 2002 on the provision of services by electronic means and the Act of 12 September 2002 on electronic means of payment.
The present detailed Participation Conditions do not infringe upon the provisions of the Act on tourist services and the Act on the protection of certain consumer rights and the responsibility for damage caused by a dangerous product.
The invalidity of specific provisions of the Agreement relating to the provision of tourist services does not infringe upon the validity of the entire Agreement. This applies also to the Terms and Conditions of Tourist Events. The Parties shall strive to resolve any disputes that may arise due to the fulfillment of this Agreement in the process of negotiation. Should the Parties fail to reach an agreement, all disputes shall be resolved by the competent common court of local jurisdiction.