Conditions of participation

               GENERAL TERMS AND CONDITIONS OF PARTICIPATION IN A TOURIST EVENT (GTC).

organized by Motopodrozni.pl sp. z o.o. binding

As of 01.06.2021.

 

DICTIONARY

For the purposes of these General Terms and Conditions of Participation in a Tourist Event, the following expressions shall mean respectively:

Organizer - Motopodrozni.pl limited liability company with registered office in 87-700 Stawki, 32A Okrężna St., entered in the register of entrepreneurs kept by the District Court in Bydgoszcz XIII Economic Department of the National Court Register under the number: 0000727110, NIP 562-180-91-41, REGON 369936856, share capital paid in full, represented by Maciej Zwierzychowski - President of the Board, e-mail address: admin@motopodrozni.pl, contact number: +48 512 81 83 80;

Participant/Client - A person participating in a Travel Event organized by Motopodrozni.pl sp. z o.o.;

Tourist event - A trip organized by Motopodrozni.pl sp. z o.o., hereinafter referred to as the Event;

Expedition leader - person presiding over the Tourist Event, representative of the Organizer, authorized to make decisions on behalf of the Organizer;

Contract - Agreement for participation in a tourist event concluded between the Organizer and the Participant/Customer, in accordance with the selected offer;

Force majeure - an external event, impossible to foresee and impossible to prevent, in particular, catastrophic acts of nature, acts of legislative and executive powers, as well as strikes, riots and acts of war, both on the territory of the Republic of Poland and on the territory of another country where the Tourist Event takes place;

Organizer's Equipment - means a motorcycle owned by the Organizer, given to the Participant for paid use under the terms and conditions specified in a separate agreement;

RODO -. Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation).

 

I. GENERAL PROVISIONS

  1. These General Terms and Conditions of Participation in a Tourist Event (hereinafter referred to as GTC) are an integral part of the contract for participation in a tourist event, and their acceptance is necessary to participate in the Event.
  2. The Organizer declares that it has all authorizations and documents required to provide tourist services based on the Law on Tourist Events and Related Tourist Services dated 24.11.2017. (Journal of Laws 2017.2361 of 2017.12.18), hereinafter referred to as the Act, including a certificate of entry in the Register of Tour Operators and Tour Intermediaries of the Marshal of the Pomorskie Voivodeship under number 340 (record number of entry OTiPUNPUT in the UFG: 11398 https://ewidencja.ufg.pl/ewidencja/obywatel/ksiegi).
  3. The Organizer provides travel services within the scope of its business, based on these T&Cs, the Act and other provisions of generally applicable law.
  4. These T&Cs are based on Article 384 § 1 of the Civil Code, thus they are binding on both parties, and the Participant is obliged to familiarize himself with them in order to conclude the contract.
  5. By signing the Agreement, the Participant confirms that he/she has familiarized himself/herself with the T&Cs and accepts the terms and conditions expressed therein without reservation.
  6. The participant signs the Agreement on his own behalf and on behalf of all enrolled persons, and thus assumes responsibility for compliance with the terms of the Agreement by these persons.
  7. Only a person can be a participant:
    1. of legal age or traveling with a guardian who is of legal age and has full legal capacity,
    2. Having the required vaccinations,
    3. who meets the fitness and health conditions that allow them to responsibly participate in the event program,
    4. Having full legal capacity,
    5. agreeing to all provisions of the T&Cs and the Agreement.
  8. Reservation of participation in a tourist event is made by the Customer:
    1. by phone at +48 512 81 83 80 or
    2. via email, to the following email address: admin@motopodrozni.pl or
    3. via the website www.motopodrozni.pl

plus, in each of the aforementioned cases also by paying the reservation fee specified in the Organizer's offer.

  1. When making a reservation, the Client is responsible for paying the full amount of the price of the Event for all persons indicated in the reservation, on the dates indicated in the Organizer's offer, and thus assumes responsibility for the fulfillment of the terms of the Agreement by these persons.
  2. When making a reservation on behalf of more than one person, it is the customer's responsibility to inform the other persons of all details of the travel event.
  3. The customer making the reservation must be at least 18 years old.
  4. In the case of concluding a contract on behalf of minors, the customer, by making a reservation, confirms that he or she is acting as the legal guardian of such persons.
  5. Making a reservation by a customer is considered an offer to conclude a contract for participation in a tourist event.
  6. The organizer shall provide the Tourist Agreement form for the conclusion of the contract under the terms and conditions of the form and these T&Cs.
  7. When concluding the Agreement, the Organizer specifies the type of documents needed for the event and the deadline for their presentation or delivery to the Organizer's office.
  8. The Client is obliged to inform the Organizer about the change of his/her personal data and about the change of personal data of other participants of the event, for and on behalf of whom he/she has concluded the agreement with the Organizer, as well as about the change or exchange of the document authorizing to cross the border, in time to complete the necessary formalities, not less than 14 days before the beginning of the event.
  9. Unless otherwise specified in the Agreement, the price of the Event includes:
    • the amount due to the Organizer for organizing the Tourist Event under the terms of the Agreement and the selected offer,
    • fees and commissions of intermediaries in the sale of tourist offerings
  1. The price of the Event does not include other charges not expressly indicated in the Contract, in particular: tolls, parking fees, visas, customs duties, fines, fuel for motorcycles, costs of roadside assistance, costs of the Participant's travel from his/her place of residence to the place of commencement of the Event and back, fees for hotel services, tips, costs of telephone calls, Internet connections.

 

II. TERMS OF PAYMENT

  1. No later than the deadline 7 days from the conclusion of the contract The Client must pay 50 % of the price of the Event (unless otherwise specified in the agreement) by bank transfer to the Organizer's bank account. Payment of the remaining portions of the fee must be made - unless the contract provides otherwise - within the deadline up to 21 days before the commencement of the Event by transfer to the bank account of the Organizer , otherwise the Organizer has the right to withdraw from the Agreement.
  2. If the agreement is concluded within the deadline less than 30 days Prior to the commencement of the Event, the Client shall be obliged to pay whole price of the event on the date of conclusion of the Agreement to the Organizer's bank account. Failure to make the payment by the above deadline means that the Client resigns from participation in the tourist event.
  3. The Organizer may increase the price set in the Agreement in the event of an increase in official fees, transportation costs, taxes, currency exchange rates relevant to the Event or an increase in other fees on travel services.
  4. During the period of 20 days before the start date of the event, the price cannot be increased.
  5. The Organizer shall each time be obliged to document the impact of price increases or fees listed in paragraph 3 on the increase of the price of the Event.
  6. The participant is entitled to a price reduction corresponding to the cost reduction referred to in paragraph 3, if it occurred after the conclusion of the contract and before the commencement of the Event.

 

III. BENEFITS

  1. The scope of benefits paid by the Client, including details of accommodation and meals during the Event, is determined based on the printout of the current offer, which is an integral part to the Agreement.
  2. The categorization of hotels is based on the regulations of the destination countries.

 

IV. RESPONSIBILITY

  1. The participant declares that the Organizer has provided him with information about:
    1. applicable passport, visa and sanitary regulations, in particular, about the waiting periods for the issuance of passports and visas, as well as the health requirements for participation in a tourist event, in particular, provided information that within the Schengen Area countries, you can travel on the basis of an identity card, except for children, who must have their own identity document (passport or identity card), and that when traveling to countries outside the Schengen Area, each person traveling, including a child, should have a valid passport;
    2. The possibility of concluding a cancellation insurance contract and about the scope of insurance against accidents and medical expenses;
    3. special risks to life and health in and on the areas visited, and about the possibility of insurance related to this.
  2. The Organizer shall be liable for the non-performance or improper performance of the Tourist Agreement, unless the non-performance or improper performance is solely due to:
    1. The act or omission of the customer,
    2. act or omission of third parties, unrelated to the performance of travel services, if these incompatibilities could not have been foreseen or avoided,
    3. force majeure that makes it impossible for the Organizer to perform the Agreement, in which case either party may terminate the Agreement.
  3. In particular, the organizer is not responsible for:
    1. the consequences of the Participant's violation of the provisions of the Agreement, the T&Cs, the Expedition Regulations and the Event schedule,
    2. Participant's inability to participate in the Event for reasons attributable to the Participant or third parties, including but not limited to:
      1. caused by canceled or delayed transportation to the starting point of the Event
      2. damage to the motorcycle, except for the motorcycle provided to the Participant by the Organizer
      3. the Participant remaining in a state of intoxication or in a state of health that does not allow travel on a motorcycle at the time scheduled in the itinerary
      4. inadequate fitness, skill or technical preparation of the Participant for the Event and the resulting inability to participate in it
      5. untimely issuance or refusal of a passport or visa, and refusal of entry to a country resulting from the actions of authorized authorities or services.
  4. The exclusion of liability for non-performance or improper performance of the Agreement, in the cases listed in paragraph 2, does not relieve the Organizer from the obligation to provide assistance to the injured Customer during the tourist event.
  5. The Participant is obliged to notify the Organizer in writing, during the course of the Event, of any discrepancies found with the terms of the Agreement for participation in the tourist event. The complaint should contain data enabling the identification of the Client, in particular name, surname and address. The Organizer, within 30 days from the date of completion of the Event, is obliged to respond in writing to the reported deficiencies and present the actions taken to remove them.
  6. The Organizer informs that there are out-of-court methods of resolving consumer disputes by authorized entities entered in the register referred to in the Law of 23.09.2016 on out-of-court resolution of consumer disputes.
  7. If any of the tourist services is not performed in accordance with the contract for participation in the tourist event, the Organizer shall remove the non-conformity, unless this is impossible or involves costs that are disproportionately high in relation to the extent of the non-conformity and the value of the tourist services involved.
  8. The Organizer is obliged to provide assistance to a Participant who has fallen into a difficult situation as defined in Article 52 of the Law on Tourist Events and Related Travel Services.
  9. The Organizer does not provide special care for minors and persons with limited or abolished legal capacity. Such persons may participate in the Event only under the supervision of an adult with full legal capacity.

 

V. CHANGES IN THE PERFORMANCE OF THE CONTRACT

  1. The Organizer limits its liability for non-performance or improper performance of the Agreement to three times the price of the tourist event with respect to each customer. The limitation referred to above does not apply to personal injury or damage caused intentionally or negligently
  2. In the event that the Organizer does not perform the services stipulated in the Agreement, which are an essential part of the program of the tourist event, during the duration of a given tourist event, the Organizer is obliged, without charging the Client with additional costs, to perform an appropriate substitute service within the framework of the event. If the quality of the substitute service is inferior to the quality of the service specified in the program of the tourist event, the Client may demand an appropriate reduction in the price of the event. If the performance of the substitute services referred to above is impossible or the Client, for legitimate reasons, did not agree to them and withdrew from the Agreement, the Organizer is obliged, without charging the Client with additional costs on this account, to provide the Client with a return to the place of commencement of the tourist event or to another agreed place in conditions not worse than those specified in the Agreement.
  3. If the minimum number of participants in the trip, stated in the contract for participation in the tourist event, is not reached, the Organizer is entitled to cancel the event, but no later than on:
    • 20 days before the scheduled start of an event lasting more than 6 days
    • 7 days before the scheduled start of an event lasting 2-6 days
    • 48 hours before the scheduled start of an event lasting less than 2 days.

In this case, the Customer will be immediately informed in writing through the Organizer. The price paid by the Client will be immediately refunded.

  1. The Organizer may also terminate the Agreement, while making a full refund of the payments made, if it is impossible to organize the event due to unavoidable and extraordinary circumstances. In this case, the Client will be immediately informed in writing through the Organizer.

 

VI. REBOOKING, CANCELLATION, CANCELLATION FEES

  1. The Client may, without the consent of the Organizer, transfer to a person who meets the conditions for participation in the Event all the rights to which he is entitled under the contract for participation in the tourist event, if at the same time this person assumes all the obligations arising from this Agreement. The transfer of rights and assumption of obligations referred to in item. 1, is effective against the Organizer if the Customer notifies the Organizer in a durable medium no later than 7 days before the commencement of the event. The Customer and the person assuming his/her rights shall be jointly and severally liable for the unpaid portion of the price of the tourist event and the costs incurred by the Tour Operator as a result of the change of the participant in the tourist event.
  2. For the change of the participant's person after booking, the Client will bear the cost of the changes actually incurred by the Organizer. The demand for payment will be preceded by the demonstration of the incurred costs to the Client.
  3. An organizer who, prior to the commencement of a tourist event, is forced, for reasons beyond his control, to change the material terms of the Agreement with the Customer, shall immediately notify the Customer of:
        1. Changes in the terms of the contract and the impact of these changes on the price
        2. A substitute tourist event and its price, if offered
    • In such a situation, the Customer should inform the Organizer within the indicated period whether:
          1. accepts the proposed amendment to the Agreement
          2. withdraws from the Agreement for the immediate return of all benefits paid and without obligation to pay withdrawal fees
          3. withdraws from the Agreement and accepts a substitute tourist event
  4. If the Client, in accordance with the preceding paragraph, withdraws from the Agreement or if the Organizer cancels the tourist event for reasons beyond the Client's control, the Client has the right, at his/her option:
    1. participate in a substitute event of the same or higher standard, unless he agrees to an event of a lower standard for a refund of the price difference,
    2. demand the immediate return of all contributed benefits.
  1. The Customer may withdraw from the contract at any time before it begins. The Customer's statement to the Organizer should be in writing. The date of withdrawal shall be the date on which the Client's statement reaches the Organizer.
  2. If the Client cancels the Agreement or does not start the trip for reasons attributable to the Client, the Organizer reserves the right to make a claim to the Client for reimbursement of the actual costs of preparation and expenditures made by the Organizer in order to fulfill the Agreement concluded with the Client:
    • up to 50% event price - upon cancellation notified no later than 30 days before its commencement,
    • up to 100% event price - upon cancellation notified no later than 14 days before its commencement.

The fee is deductible from the payment made by the customer.

The organizer informs that it is possible to purchase insurance for costs related to possible cancellation.

  1. The Client may withdraw from the Agreement prior to the commencement of the Event without incurring a cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the destination or in the immediate vicinity that significantly affect the performance of the Event. In such case, the Organizer shall refund the price paid for the Event, without compensation, or redress in this regard.

 

VII. INSURANCE, INSURANCE GUARANTEE

  1. In accordance with the requirements of the Law on Tourist Events and Related Travel Services dated 24.11.2017. (Journal of Laws 2017.2361, dated 2017.12.18) has a tour operator's insurance guarantee in connection with its operations issued by the UNIQA INSURANCE COMPANY S.A, whose beneficiary is the Marshal of the Kujawsko-Pomorskie Voivodeship. In the event of insolvency, the beneficiary shall provide:
    • Covering the costs of continuation of the Tourist Event or the costs of return to the country, including, in particular, the costs of transportation and accommodation, including, in a reasonable amount, the costs incurred by the travelers, if the Organizer does not provide this continuation or this return, as well as refunding the part of the payments made for payment for the tourist event, corresponding to the part of the tourist event that will not be carried out for reasons attributable to the Organizer or persons who act on its behalf,
    • Refund of payments made in payment for a tourist event in the event that, for reasons related to the tour operator, which act on their behalf, the tourist event has not been or will not be carried out,
    • return of the part of the payments made in payment for the tourist event corresponding to the part of the tourist event that has not been or will not be carried out for reasons attributable to the tour operator or persons who act on their behalf.
      • In the case of indicating the need to contact the beneficiary of the insurance guarantee, the Participant should immediately contact the Marshal of the Kuyavian-Pomeranian Voivodeship - Marshal's Office of the Kuyavian-Pomeranian Voivodeship, at (56) 62 18 600. Mobilization of funds takes place only in case of insolvency of the Organizer. Each time the Marshal indicates the deadline for reporting damages and the types of documents to be attached to the claim.
  2. The website of the Marshal's Office of the Kujawsko-Pomorskie Voivodship (kujawsko-pomorskie.pl) publishes announcements for injured Clients. The cost of returning the Clients to their country is covered In the first instance, the cost of returning the Clients to their country is covered, and the filing of the remaining claims takes place within 180 days from the date of expiration of the insurance guarantee. The upper limit of liability of the insurer/guarantor under this guarantee is the current amount of the Insurance Guarantee available at motopodrozni.pl
  3. Included in the price of the event, the Organizer's clients are insured with UNIQA Towarzystwo Ubezpieczeń S.A. under general policy no. 5143141 Variant:
    1. NNW in the country, up to a sum insured of 20,000.00 PLN, concluded on the basis of the UNIQA T&C with the symbol UTRP18/2021/03/09 (formerly UTRP/18/08/30), or:
    2. KL + NNW + BP in Europe, up to the sum insured of KL (medical expenses)=€10,000; NNW (personal accident)=€2,000; BP (travel baggage)=€200; KR (rescue costs)=€5,000, concluded under the T&C with the symbol UTG/2021/01/12, or:
    3. KL + NNW + BP in the World, up to the sum insured KL (medical expenses)=30,000 EUR; NNW (personal accident)=4,000 EUR; BP (travel baggage)=400 EUR; KR (rescue costs)=5,000 EUR, concluded on the basis of the T&C with the symbol UTG/2021/01/12
  4. Each participant of the event may take out insurance in a range higher than that indicated in paragraph 2. at his own expense.
  5. Each participant in the event can take out individual trip cancellation insurance.

 

VIII. protection of personal data and RODO

  1. The administrator of the Customer's personal data is: MOTOpodrozni.pl spółka z ograniczoną odpowiedzialnością with its registered office in 87-700 Stawki, ul. Okrężna 32A, entered in the register of entrepreneurs kept by the District Court in Bydgoszcz XIII Economic Department of the National Court Register under the number: 0000727110, NIP 562-180-91-41, REGON 369936856, share capital paid in full, represented by Maciej Zwierzychowski - President of the Board, e-mail address: admin@motopodrozni.pl, contact number: +48 512 81 83 80 and Trusted Partners with whom the Organizer continuously cooperates. The purpose of the cooperation is to adapt the advertisements on the Organizer's website to the customer's needs and to perform research aimed at improving Internet services and adapting them to the users' needs. The Organizer transfers data to Entities that host (store) the website and personal data. For details of the administrators, please refer to the privacy policy.
  2. The Client's personal data such as name, surname, PESEL, series and number of identity document, residential address, e-mail address, telephone number will be processed for the purpose related to the execution of the contract for participation in the tourist event.
  3. The recipient of the Customer's personal data is Motopodrozni.pl limited liability company with its registered office in 87-700 Stawki, 32A Okrężna St., and entities cooperating with the aforementioned company in the performance of its contractual obligations.
  4. The Client's personal data is stored until the end of the Event. The Company reserves the right to process the data after the end of the Event only for the purpose of pursuing possible claims before a court or other authority.
  5. The customer has the right to: access to the content of their data and their rectification, deletion, restriction of processing, the right to data portability, the right to object, the right to withdraw consent to their processing at any time without affecting the legality of the processing carried out on the basis of consent given before its withdrawal.
  6. Exercising the rights listed in paragraph 6, including withdrawal of consent to process personal data is possible by sending a message to the e-mail address: admin@motopodrozni.pl or by regular mail to the address: 32A Okrężna Street, 87-700 Stawki.
  7. The customer has the right to file a complaint with the President of the Office for Personal Data Protection if he/she considers that the processing of his/her personal data violates the provisions of the RODO.
  8. The legal basis for data processing is Article 6(1)(a), (b), (c) and (f) of the RODO.
  9. The Customer's data may be transferred to entities processing them on behalf of the Organizer, e.g. IT service providers, marketing agencies, subcontractors of services, Trusted Partners, and entities authorized to obtain data under applicable law, e.g. courts or law enforcement agencies, when they make a request based on the relevant legal basis. Please be advised that on our website, user traffic data is collected by our Trusted Partners.
  10. By signing the Agreement, the Customer declares that he/she agrees to the processing of his/her personal data by Motopodrozni.pl spółka z ograniczoną odpowiedzialnością with its seat in 87-700 Stawki, ul. Okrężna 32A, entered in the register of entrepreneurs kept by the District Court in Bydgoszcz XIII Economic Department of the National Court Register under the number: 0000727110, NIP 562-180-91-41, REGON 369936856, share capital paid in full and Trusted Partners as administrators of personal data, for marketing purposes, which also include necessary analytical activities and compiling into marketing profiles on the basis of activity on the website in accordance with the mandatory provisions of law.

 

 

IX. STATEMENT OF CONSENT TO CAPTURE AND USE OF IMAGE

  1. By entering into the Agreement with the Organizer, the Participant states that he/she agrees to the recording and indefinite use of his/her image in photographs and recordings made during the Event. The Participant declares that he/she agrees to disseminate photographs and recordings using his/her image exclusively for promotional and marketing activities on the website www.motopodrozni.pl, the Organizer's profile on Facebook, as well as in promotional materials and computer memory.
  2. The participant declares that he or she waives all claims, including remuneration for the recording and use of his or her image.

 

X. FINAL PROVISIONS

 

In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and the Law on Tourist Events and Related Travel Services shall apply accordingly. The invalidity of individual provisions of the contract - application or these Terms and Conditions does not affect the validity of the entire contract. These Terms and Conditions are effective from 01.07.2018 and do not apply to contracts for participation in a tourist event concluded by the Organizer before this date