General Terms and Conditions of participation in tourist events organized by the organizer of tourism - Auschwitz-Tours.com running the websites www.auschwitz-tours.com www.warsaw-tours.eu www.zakopane-tours.eu
I. General provisions
1. These terms and conditions regulate the participation in all the tourist and transport services organized by the organiser of tourism - Auschwitz-Tours.com on the basis of Art. 385 (1) of the Civil Code and the Act of 29 August 1997 on tourist services and its amendments.
2. General Terms and Conditions of participation in tourist events, tourist events itineraries and descriptions with prices presented on the website are an integral part of the contract for providing tourist services. The final price is calculated always in Polish zloty, quotes in EUR or GBP are only approximate.
3. The tourism organiser is Auschwitz-Tours.com M.Ostrowski ul.Krakusów 1a/31, 30-092 Krakow, registered in the Tour Operators and Travel Agencies Register of the Marshal of the Malopolskie Province, entry no. Z/26/2008
4. If not negotiated individually, these terms and conditions apply also to contracts concluded with other tour organizers or companies.
II. Definitions
Organizer - Auschwitz-Tours.com (AT) acting as an organizer of tourism, organizing tourist events in Poland.
Customer (tourist) - a person who travels to another locality outside his/her usual place of residence and intends to conclude a tourist service contract for his/her own benefit or for another person's benefit.
Reservation (request) - customer's offer to conclude a contract by filling out the enquiry form, e-mail,telephone or personally.
Contract - contract for providing tourist services. Contract is concluded only when the organizer sends the confirmation to the customer and the customer guarantees the reservation.
Website - www.auschwitz-tours.com www.warsaw-tours.eu www.zakopane-tours.eu
III. Conclusion of the contract
1. Customer submits the offer for the conclusion of the contract by filling out the enquiry form, sending and e-mail, by telephone or personally. Customer announces that her/his physical and emotional capabilities enable her/him to participate in the chosen tour. The person reserving tourist services acts also in behalf of all the other tour participants for whom the reservation is done, thus takingthe responsibility for compliance with the contract provisions by these other participants. AT does not provide any special care for minors and people whose legalcapacity is or can be restricted. Such persons can participate in tourist services only under the guardianship of adults.
2. AT confirms the availibility of requested tourist services and the price of the tours and asks the customer to guarantee the reservation.
3. Customer guarantees the reservation by sending valid credit card number, paying the deposit or paying the whole amount upfront. The date of payment is the day when the money are accepted by the Organizer’s bank and sent to Organizer’s account.
4. The contract is concluded only when AT sends to the Customer the confirmation e-mail. The confirmation e-mail consists of all the important data, like pick up times, contact numbers, methods of payments for the services and individual cancellation policies if applied.
IV. Organizer's and Customer's responsibility
1. AT undertakes to perform the contract with due diligence, taking into account theprofessional character of its business activity.
2. AT is liable for the failure in performance of the contract, unless it was caused solely by action or omission of the Customer, or by any Third Party not involved in the provision of the services; if the above actions or omissions could be neither foreseen nor prevented, and unless the failurewas caused byforce majeure incidents.
3. AT is not liable for losses and damages resulting from the participation of the Customer in other events during his/her stay, not organised by AT.
4. In case the service is not delivered according to the description in the agreement, AT is obliged to organize an alternative service that should have the same or higher standard and can not be a case of any claims the Client could have against the Organizer.
5. AT limits its liability for a failure to perform, or inadequate performance of the tourist services to the amount equivalent to the double price of the tour in relation to each Customer. This limitation does not apply to the personal injuries.
6. AT does not offer any refunds in situations when Customer did not participate in the tour because Customer:
a) was late more than 10min for the pick up
b) rejected taking part in the tour
7. AT informs about the possibility of 15min pick up delays for the tours which include transportation, because of the heavy traffic in the center of Krakow.
8. AT is not responsible for stolen, lost or damaged luggage resulting from a fault of the Customer
9. AT is not responsible for any losses or additional expenses made by Customer due to causes beyond its reasonable control and resulting from force majeure incidents.
10.The Customer is responsible for all damages done by her/his own fault during the whole tour and is obliged to compensate the damages in place where they happened from her/his own funds. For all damages caused by childrentheir guardiansare responsible .
11. AT reserves the right to discharge the contract with the Customer immediately in case the Customer is insistently breaking the rules or his/her behavior is not compliant with customarily accepted values or is not obeying all rules and directions of AT employees concerning the itinerary and the order during a tour. In such situations AT keeps the right to request the payment of the full price of the tour by the Customer.
12.The Customer is responsible for the necessary compliance with passport, customs, health and other regulations of Polish Republic and is liable for any damages resulting from not comlying with the above regulations. AT informs hereby that it is allowed to travel within the EC on the basis of the valid ID. Children have to possess their own identity document, i.e. the passport, or they can be registered in their parents’ passports. Children registered only in their parents’ ID’s may not cross international borders. Customer is obliged to possess the passport (visa if required) valid for the whole duration of tour and for the period of 6 months after the of the tour (or valid ID in case of EU citizens).
V. Cancellations
1. AT should be informed about any Customer's changes/cancellations by e-mail. At some reservations AT can individually arrange a special cancellation policy valid only for that single reservation (to cope with cancellation policies of some AT's providers). If not arranged individually with the Customer, the general conditions described under point 2. apply.
2. Reservations for up to 1-14 people.
Auschwitz Tour, Salt Mine Tour, Auschwitz & Salt Mine Tour: Entrance tickets to Auschwitz - Birkenau Museum and Wieliczka Salt Mine are personal tickets without option for cost free change or cancellation. Due to the museums' policy we also do not offer free cancellation or any change in the confirmed reservation. All of the cancellations and changes are subject to 100% (of the total tour price) cancellation fee. If the museums or state borders lockdown occurs, the customer would be offered full payment refund, however AT will deduct 20% handling fee from the refund.
Other tours or transfers:up to 21 days before the tour date cancellation is cost free. Cancellations made after this period are subject to 50% (of the total tour price) cancellation fee. If no cancellation is made and the customer doesn't appear for the pick up - 100% tour price will be charged. If the museums or state borders lockdown occurs, the customer would be offered full payment refund, however AT will deduct 10% handling fee from the refund.
3. Reservations for 15 and more people.
Auschwitz Tour, Auschwitz & Salt Mine Tour: Entrance tickets to Auschwitz - Birkenau Museum and Wieliczka Salt Mine are personal tickets without option for cost free change or cancellation. Due to the museums' policy we also do not offer free cancellation or any change in the confirmed reservation. All of the cancellations and changes are subject to 100% (of the total tour price) cancellation fee. If the museums or state borders lockdown occurs, the customer would be offered full payment refund, however AT will deduct 20% handling fee from the refund.
Other tours or transfers: Up to 30 days before the tour date cancellation is cost free. Cancellations made after this period are subject to 100% (of the total tour price) cancellation fee. If no cancellation is made and the customer doesn't appear for the pick up - 100% tour price will be charged. If the museums or state borders lockdown occurs, the customer would be offered full payment refund, however AT will deduct 10% handling fee from the refund.
4. AT reserves the right to cancel a tour(discharge the contract) up to 15 days prior to the tour date, if the required minimum number ofparticipants specified in the offer, or in the tour confirmation, has not been reached. AT reserves the right to cancel Auschwitz Tour, Salt Mine Tour or Auschwitz & Salt Mine tour up to 15 days prior to the tour date, in case if AT fails to arrange entrace for the clients on the premises of Auschwitz Birkenau Concentration Camp Museum or Wieliczka Salt Mine Museum. In case of a cancellation caused by AT, the Customer will be informed by e-mail. In these circumstances the Customer would be offered full payment refund.
AT reserves the right to cancel a tour at any time, if a force majeure incident occurs. In case of a cancellation caused by AT, the Customer will be informed by e-mail. In these circumstances the Customer would be offered full payment refund, however AT will deduct 10-20% handling fee from the refund depending on the type of the cancelled tour.
VI. Complaints
1. Customer should complain about any problems directly to AT's representative (driver, guide) in order to enable him to solve the problem. If the Customer is still unsatisfied, he/she should report this fact to AT by e-mail within 14 days after the tour. In case of accepting the claim (by the period of 30days) , AT would compensate a loss in the amount proportional to the loss, but not more that the price of the tour.
VII. Insurance
1. All of the AT Customers are covered by the obligatory insurance covering the return of the payments made by the Customer in the case of a failure to perform the contractual obligations by the Organizer and covering the costs of return of customers from a tour event to the place of departure. This insurance is always included in tour price. The Insurance Guarantee of AT amounts to 12 455EUR. It is valid from 24.03.2017 to 23.03.2018. The Guarantee no. M207686 has been issued by Signal Iduna Polska Towarzystwo Ubezpieczeń S.A.
2. AT recommends to buy individual health and casualty travel insurance before coming to Poland including also tourist event resignation costs.
VIII. Changes in the services or prices
1. AT reserves the right to change the tour price offered and confirmed. If it is necessary to raise the price, AT is obliged to proove: the increase in the transportation costs; increase in the official charges; increase in the taxes or charges for tourist services; currency exchange rate increase.
2.The price set in the contract with the Customer can not be raised within the period of 20 days prior to the departure. If the price is raised by more than 15%, the Customer has the right to discharge the contract without bearing any costs.
IX. Jurisdiction
1. This Terms and Conditions are prepared in accordance with the Polish laws. In all matters not regulated, the laws of the Republic of Poland apply and should be arbitrated by courts adequate for the Auschwitz-Tours.com seat.
These General Terms and Conditions are valid from 01.01.2021