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Conditions of Participation in Tourist Events Organized by Fun Wind

CONDITIONS OF PARTICIPATION IN TOURIST EVENTS ORGANIZED BY FUN WIND, hereinafter referred to as the ORGANIZER, effective from 30/10/2023.

  1. GENERAL INFORMATION
  1. Paweł Jędrzejewski, conducting business activity under the name: "FUN WIND PAWEŁ JĘDRZEJEWSKI" with its registered office in Warsaw , ul. Wał Miedzeszyński 377, 03-980 Warsaw, NIP: 5260052261 www.funwind.com.pl , hereinafter referred to as Fun Wind, holds permit No. 735 issued by the Masovian Voivode and is a tourism organizer within the meaning of the Act on tourist events and related tourist services (Journal of Laws of 24 November 2017, item 2361), hereinafter referred to as the ORGANIZER;
  2. “Fun Wind” has a valid insurance guarantee granted by SIGNAL IDUNA Polska Towarzystwo Ubezpieczeń SA. The body authorized to pay out funds under the guarantee is the Marshal of the Mazowieckie Voivodeship.
  3. These Terms and Conditions of Participation and the offer constitute an integral part of the contract – an application for participation in a tourist event organized by the ORGANIZER, hereinafter referred to as the event. The offer specifies the price of the event and the services included therein.
  4. Participants are required to read the General Terms and Conditions of Participation before submitting their application for participation in the event. By accepting these General Terms and Conditions of Participation, the Participant consents to their becoming part of the contract concluded with the ORGANIZER for the provision of travel services.
  1. CONCLUSION OF THE AGREEMENT
  1. The contract for participation in a tourist event is concluded upon the ORGANIZER's acceptance of the Participant's application, i.e., upon the signing of the Application Agreement by the ORGANIZER's representative and the Participant, or in the case of a minor, by their Parent or Legal Guardian, or upon the electronic submission of the application form by the Participant, or in the case of a minor, by their Parent or Legal Guardian, and upon the Participant's payment of the required advance payment and 100% of the cost of the coach or plane ticket (in the case of coach or plane transport). The Participant must make the additional payment for the full value of the event by the date specified by the ORGANIZER, but no later than 30 days before the start date of the event.
  2. The participant is obliged to check whether the issued proof of payment (bank transfer) is consistent with the previous reservation and to check whether his/her data (address, date of birth, name, surname, PESEL number, etc.) is up to date.
  3. When concluding the contract, the ORGANIZER specifies the type of documents required for the event and the deadline for their presentation or delivery to the ORGANIZER. Failure to submit such documents or their late submission constitutes cancellation of participation in the event for reasons beyond the control of the ORGANIZER.
  4. Participants are obligated to inform the ORGANIZER of any changes to their name, address, or telephone number. Such information should be provided no later than seven days before the event. If such information is not provided, or is provided too late to complete the necessary formalities, the ORGANIZER is not responsible for any consequences.
  5. The ORGANIZER reserves the right to change the price no later than 21 days before the start date of the event, in the event of a documented change:
  1. passenger transport prices resulting from changes in the cost of fuel or other power sources;
  2. the amount of taxes or fees on tourist services covered by the package travel contract, imposed by entities that are not directly involved in the implementation of the package travel, including tourist taxes, airport fees or boarding and disembarkation fees at ports and airports;
  3. exchange rates relevant to a given tourist event.

The ORGANIZER will notify the Participant of any price changes to the event in writing or via email, along with a justification for the price change. The Participant has the right to withdraw from the contract free of charge within 5 days of notification.

  1. In the event of a reduction in the costs referred to in § II, paragraph 5, point ac, the Participant is entitled to a price reduction corresponding to the cost reduction. In the event of a price reduction, the ORGANIZER may deduct actual service costs from the refund. At the Participant's request, the ORGANIZER will provide the Participant with proof of incurred service costs.
  2. The ORGANIZER is not liable for any costs incurred by the Participant due to being late for the meeting, airport check-in, or failing to have a passport, required visas or vaccinations, unless such negligence on the Participant’s part was due to reasons attributable to the ORGANIZER.
  3. Prices quoted in foreign currencies are converted at the Bank Pekao SA exchange rate applicable on the day of payment. The price of the event includes only the services specified in the offer, and does not include, among others, passport, visa, bank, and airport fees, transportation to and from the meeting point, other services individually ordered by the Participant, telephone calls, baggage fees, or tips.
  4. The ORGANIZER reserves the right to cancel an event at no cost if the event is impossible to carry out due to unavoidable and extraordinary circumstances (i.e. circumstances beyond the ORGANIZER’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken), and the ORGANIZER has notified the Participant of the cancellation of the event immediately before its commencement. In such a case, the Participant may, at their discretion: 1) participate in a substitute event of the same or higher standard, unless they agree to a lower standard event in return for a refund of the price difference; 2) demand an immediate refund of all payments made.
  5. The ORGANIZER reserves the right to cancel an event if the required minimum number of participants, which is 80% of the available seats, is not met. However, this will be no later than:
    1. 10 days before the start of an event lasting more than 6 days;
    2. 5 days before the start of an event lasting 2-6 days;
    3. 48 hours before the start date of an event lasting less than 2 days.

In this case, the Participant is entitled to a full refund of the amount paid for the event, without any additional compensation or damages.

  1. The ORGANIZER reserves the right to unilaterally change the terms and conditions of the event contract if the change is insignificant (it does not affect the price or standard of services specified in the offer, nor does it change the dates (except for the departure or return date, if the change is less than 12 hours), provided that the ORGANIZER informs the Participant of such a change before the start of the event. The notification will be made in writing or to the e-mail address provided by the Participant.
  2. If it is necessary to change the key features of the event specified in the offer, the ORGANIZER will immediately notify the Participant in writing or via email before the start of the event, along with information about its potential impact on the price and any offer of a substitute event (taking into account the price and terms of the substitute event), the Participant's rights, and the deadline for the Participant to respond. In such a case, the Participant may:
    1. accept the proposed change;
    2. withdraw from the event with a refund of all payments made, without the obligation to pay a withdrawal fee;
    3. accept the offered substitute party.

In the absence of a response within the specified deadline, §II point 12 subpoint b shall apply.

To II. point 12 subpoint b. Art. 50 paragraphs 2-8 of the Act on tourist events shall apply accordingly.

  1. Cancellation or acceptance of the change in terms and conditions, referred to in paragraph 12, must be made within 5 days of receiving notification of the change in writing or electronically. Failure to accept the change in terms and conditions within the specified timeframe constitutes withdrawal from the event. If the Participant selects a substitute event at a lower price, the ORGANIZER will refund the price difference. If the Participant selects a substitute event at a higher price, the Participant is obligated to pay the difference between the prices.

III. CANCELLATION FROM THE EVENT

  1. A Participant may withdraw from the event without providing a reason by submitting a written declaration sent by post or email. The withdrawal date is considered the date the relevant declaration is received or the day following the date on which the Participant fails to perform the action specified in the contract, such as: supplementing the payment to the full price of the event, providing required documents, confirming participation in the event after receiving notification of a change to the material terms of the contract, or the start date of the event if the Participant fails to attend.
  2. A Participant may withdraw from the event in the circumstances specified in II. paragraph 12, point b), as well as in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity, which significantly impact the implementation of the package or the transportation of travelers to the destination. In such a case, the Participant is entitled to a refund of their payment for the package within 14 days of the date of withdrawal.
  3. If the Participant withdraws from the event for reasons other than those specified in paragraph 2, the Participant will be obligated to pay a fee corresponding to the price of the package tour, reduced by any costs or revenues saved from alternative use of the travel services. Upon the Participant's request, the ORGANIZER will provide the Participant with the amount of the cancellation fee. The fee will be deducted from the price paid by the Participant, and at the time of deduction, the fee will be calculated based on the costs and revenues expected at the time of deduction.
  4. The standard withdrawal costs per person are:
  1. 30% of the tour value plus the value of the bus or plane ticket (if its value was indicated separately outside the tourist package) if the cancellation occurred more than 30 days before departure
  2. 50% of the value of the trip plus the value of the bus or plane ticket (if its value was indicated separately outside the tourist package) if the cancellation occurred less than 29 days before departure but more than 15 days.
  3. 100% of the value of the trip plus the value of the bus or plane ticket (if its value was indicated separately outside the tourist package) if the cancellation occurred less than 14 days before departure.
  1. The final calculation of the fee referred to in paragraph 3 will be made after the settlement of the completed event that the Participant did not attend. If, after the calculation, it becomes necessary to refund the Participant a portion of the fee deducted in accordance with paragraph 3, the refund will be made immediately, no later than 30 days after the end of the event.
  2. If one of several people traveling together cancels, the remaining people are required to pay a supplement for a smaller room (e.g., a single room) or to pay for the vacated room, unless the canceling participant is replaced by a new person from the same group, in accordance with the terms set forth in paragraph 8 below. A participant's withdrawal for reasons beyond their control does not entitle other participants traveling with them to cancel free of charge.
  3. To cover the costs arising from the cancellation of the trip referred to in point 6 above, it is recommended to purchase travel insurance from an insurer. If you choose to use this insurance, the terms and scope of coverage are determined by the insurance company.
  1. CONTRACT PERFORMANCE, COMPLAINTS
  2. The participant is obliged to have current and valid documents authorizing him to cross the border.
  1. If traveling with your own transportation, the ORGANIZER may issue a referral/voucher for services no later than 7 days before the event, but not earlier than after the Participant has paid the full price. A referral/voucher that is not used in whole or in part due to reasons attributable to the Participant cannot be redeemed at another time.
  2. The ORGANIZER is responsible for the conduct of the event in accordance with the Agreement and for the agreed quality of services. Any defective performance of the Agreement must be reported immediately, if possible during the event, to the service provider and the event organizer in writing, electronically via email, or with written confirmation to the ORGANIZER's tour guide/resident or to the ORGANIZER's representative abroad or in the country indicated in the program or on the voucher/referral. The representative will make every effort to remedy any discrepancies with the Agreement and with whom cooperation should be sought to eliminate any legitimate discrepancies in the event's implementation. The ORGANIZER is not responsible for the implementation of optional activities purchased by the Participant abroad from another tour operator.
  3. The ORGANIZER is obligated to reimburse the Participant for the value of unfulfilled services or the difference in value between the services specified in the contract and the substitute services if the Participant does not receive substitute services of equal or greater value. Receiving substitute services of higher value does not obligate the Participant to cover the difference in value, except in cases where substitute services of higher value were provided to the Participant at their request. The Participant is not entitled to compensation if they receive substitute services of the same category and standard.
  4. The ORGANIZER is responsible for the proper performance of the travel services covered by the package tour agreement, subject to any limitations arising from this agreement or applicable law. The ORGANIZER limits its liability for non-performance or improper performance of services during the package tour to three times the price of the package tour for each customer. This limitation does not apply to personal injury or damage caused intentionally or through negligence.
  5. The Tour Guide/Resident is the formal representative of the ORGANIZER. They ensure that the event is conducted according to the program, ensure the quality of services, receive and resolve complaints from Participants, and if the complaint is submitted in writing, they are obligated to confirm its receipt. The ORGANIZER, through the Tour Guide/Resident, immediately provides assistance to Participants who find themselves in a difficult situation.
  6. The assistance referred to in paragraph 6 consists in particular of providing the Participant with appropriate information regarding health services, local authorities, and consular assistance, as well as enabling the Participant to use means of distance communication, including electronic means, and to use substitute services. For the assistance provided, the ORGANIZER may charge a fee corresponding to the actual costs incurred by the ORGANIZER if the difficult situation arose due to the Participant's willful misconduct or negligence.
  7. Regardless of points 6-7 above, in particular, if the reported defect has not been repaired or was repaired improperly, the Customer has the right to submit a written complaint. Complaints should be submitted in writing to the tour guide (for events in which the tour guide is participating) or directly to the ORGANIZER – in person or by registered mail – within 14 days of the event's conclusion. The ORGANIZER is obligated to review the complaint and provide the Participant with a written response no later than 30 days after the event's conclusion in the case of a written complaint submitted to the tour guide, or within 30 days of receipt of a written complaint submitted to the ORGANIZER after the event (in the case of shipping, the shipping date is decisive).
  8. The ORGANIZER is obliged to satisfy the justified claims of the Participant no later than 14 days from the date of acceptance of the complaint.
  9. The ORGANIZER is not liable for non-compliance of the performance with the contract (including any inconvenience during the event and the impossibility of carrying out the event) if:
  1. the fault for non-compliance is the traveller;

  2. the fault for the non-compliance is borne by a third party unrelated to the performance of the tourist services covered by the contract for participation in the tourist package, and the inconvenience or impossibility of carrying out the package could not have been foreseen or avoided;

  3. the non-compliance was caused by unavoidable and extraordinary circumstances. Claims cannot be based on circumstances about which the Participant was informed before concluding the Agreement and which, in his or her opinion, cause difficulties or inconvenience.
  1. The event participant is obliged to comply with local laws and customs, regulations and other provisions in force at accommodation and catering facilities, as well as the recommendations of the tour guide, educator, and instructor.
  2. Participants are responsible for any damage they cause. Their legal guardians are responsible for any damage caused by minors.
  3. During the event, the ORGANIZER is not liable for: defects or failure to provide services by local service providers with whom the Participant has entered into direct contracts for the organisation of local trips and optional events, car rental, etc., damages incurred by the Participant as a result of participation in sports games and other events not organised by the ORGANIZER, in which the Participant took part of his/her own free will.
  4. The ORGANIZER insures all participants of international events against medical expenses and accidents with ERGO Europaische Reiseversicherung AG, based in Munich, operating through its Polish Branch, up to the amount of the Insurance Agreement, consistent with the General Terms and Conditions of Travel Insurance. By entering into the event agreement, participants acknowledge the General Terms and Conditions of Insurance and release physicians from medical confidentiality in matters related to insurance. Claims arising from the insurance are pursued directly by the Participant with the insurance company. The ORGANIZER does not provide any reimbursements under the insurance and is not liable for any refusal to pay compensation.
  5. The participant declares that his/her health condition allows him/her to participate in the event.
  6. In matters not regulated by the terms and conditions of participation, the relevant provisions of Polish law shall apply, including (but not limited to) the Act of 24 November 2017 on tourist events and related tourist services, the Civil Code, and the relevant provisions of the Act on Consumer Rights.
  7. Any legal disputes arising from this Agreement will be resolved amicably, and in the event of failure to reach an agreement, by the competent court in accordance with general principles. The Participant has the option of using alternative methods of out-of-court resolution of consumer disputes, referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823) and the online system for resolving consumer disputes, available through the ODR platform at: http://ec.europa.eu/consumers/odr .
  1. An integral part of the contract is an offer specifying the main features of the service and a standard information form for contracts for participation in a tourist event.

GDPR INFORMATION CLAUSE

  1. The personal data controller is Paweł Jędrzejewski, running a business under the name: "FUN WIND PAWEŁ JĘDRZEJEWSKI", with its registered office in Warsaw, ul. Wał Miedzeszyński 377, 03-980 Warsaw, NIP: 5260052261
  2. The Participant's data will be processed for purposes related to the implementation of the Agreement on the basis of art. 6 sec. 1 item b) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter referred to as " GDPR "), and in the case of data processing with the Participant's consent – ​​on the basis of art. 6 sec. 1 item a) of the GDPR.
  3. The recipients of the Participant’s personal data will be entities providing services to the ORGANIZER in the field of accounting and IT services, the insurance company with which the ORGANIZER has concluded an insurance contract and business entities that provide services to the ORGANIZER that are part of the event (carriers, hotels, guides, instructors).
  4. The Participant's data will be stored for the duration of the Agreement, as well as for the period during which it is possible to pursue claims under this Agreement.
  5. The Participant has the right to request access to personal data concerning the Participant, their rectification, deletion or restriction of processing, as well as the right to object to the processing and the right to transfer data.
  6. In the event of data processing with the Participant's consent, the Participant has the right to withdraw this consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
  7. The participant has the right to lodge a complaint with the President of the Personal Data Protection Office.
  8. To the extent necessary for the performance of this Agreement, the Participant's provision of personal data is not mandatory, but failure to provide such data may prevent the proper performance of the Agreement. In other respects, the provision of personal data by the Participant is not mandatory and carries no consequences.