Terms of Participation

All tours listed on this website are organised by the certified travel agency – Pakuj Plecak sp. z o. o.

Terms of Participation in Tourist Events organised by Pakuj Plecak sp. z o. o.

I. Introductory provisions

1. Pakuj Plecak sp. z o. o. is a travel agency and tour operator under the meaning of the Act of 24 November 2017 on tourist events and related tourist services with its registered office in Pruszków (05-800), Poland, at ul. Narodowa 18/1, entered into the Register of Entrepreneurs kept by the District Court in Warsaw, 14th Commercial Division, of the National Court Register under number: 0000887378, Polish Tax Identification Number (NIP): 5342636324, Polish National Business Register Number (REGON): 388361935.
2. Pakuj Plecak sp. z o.o. is entered into the Polish Central Register of Tour Operators and Entrepreneurs Facilitating the Purchase of Related Tourist Services kept by the Marshal of Masovian Voivodeship (registration number: 29375).
3. For the purposes of this document, the terms indicated below, written in capital letters in the content of the document, shall have the following meaning:
   • Terms of Participation – conditions of participation in Tourist Events organised by Pakuj Plecak sp. z o. o.,
   • Tour Operator – Pakuj Plecak sp. z o. o., a tourism organiser under the meaning of the Act,
   • Client – a person who intends to conclude or who has concluded a Contract on participation in a Tourist Event on their own behalf or on behalf of another person, whereas the conclusion of such Contract does not constitute the subject of their business activity, as well as a person to whom the right to use the services covered by the previously concluded agreement has been transferred,
   • Website – the official website of the Tour Operator under the adress https://phototours.janskwara.com, on which the Tour Operator posts official information regarding the Tour Operator, the travel offer, general events itienaries, Terms of Participation, price list,
   • Force Majeure – any external, inevitable phenomenon that could not be foreseen or resisted, in particular a phenomenon of an actual, legal or administrative nature, which, despite all reasonable efforts, remains beyond the control of the parties to the Contract. Force majeure is in particular considered to be: riots, strikes, social unrest, arrests, threats of war, blockades, embargoes, acts of military units and sudden changes in weather conditions,
   • Tourist Event – ​​an event under the meaning of the Act, organised by the Tour Operator,
   • Participant – a person taking part in the Tourist Event (Client, a person indicated by the Client, a person participating in the Tourist Event instead of the Client or a person indicated by the Client),
   • Contract – ​​an agreement on participation in a Tourist Event, concluded between the Tour Operator and the Client,
   • Act – the Act of 24 November 2017 on tourist events and related tourist services.

II. Conclusions of the Contract

1. Information posted on the Tour Operators’s Website and other information provided to the Client before they submit an offer to the Tour Operator to conclude a Contract constitute an invitation to conclude a Contract under the meaning of Article 71 of the Act of 23 April 1964 – the Civil Code (Journal of Laws no. 16, item 93 with subsequent amendments), unless otherwise stated in their content.
2. Before concluding the Contract, the Tour Operator provides the Client with information about the Tourist Event, as referred to in Article 40 of the Act.
3. The Client may register to participate in the Tourist Event online via the Website or by a phone call to the Tour Operator’s phone number listed on the Website.
4. The Contract is concluded upon signing the Contract and paying specified price advance or full price for participation in the Tourist Event.
5. By signing the Contract, the Client confirms the acknowledgement of: the Terms of Participation, the Tourist Event itienary and the provided by the Tour Operator additional information specifying the Tourist Event characteristics in particular: passport and visa regulations, health requirements, contraidicators and vaccinations, that are integral elements of the Contract.
6. The Client concludes the Contract on behalf of all Participants indicated in the Contract. The Client by registering other Participants is obliged to:
   • inform the Participants before concluding the Contract of its full scope including: the Terms of Participation, the Tourist Event itienary, terms of travel insurance,
   • make timely payments for all registered Participants in accordance with the payment terms of the Tourist Event.
7. Concluding the Contract on behalf of a minor requires the consent of their parents or legal guardians.
8. In the event of concluding the Contract on behalf of a third party (or third parties), the person concluding the Contract indicates the party (or parties) at the time of submitting the offer to conclude the Contract.

III. Price and payment terms

1. The price of the Tourist Event is a contractual price and includes tax on goods and services.
2. The Client makes the payment for the Tourist Event by a bank transfer to the bank account of the Tour Operator indicated in the Contract. The payment date is considered to be the date of execution of the transaction by the Client’s bank.
3. Regardless of the price of the Tourist Event, the Client should posses the amount of money specified in the information on the Tourist Event provided to the Client before the conclusion of the Contract, which is intended for payments specified in this information and not included in the price of the Tourist Event.
4. The Tour Operator reserves the right to increase the price of the Tourist Event 21 days before the departure date at the latest in the event of one of the following circumstances:
   • volatile prices of passenger transport resulting from fluctuation of the cost of fuel or other sources of power,
   • volation of the amount of taxes or fees on tourist services covered by the Contract on participation in the Tourist Event, imposed by entities that do not directly participate in the implementation of the Contract, including tourist taxes, airport fees or fees for boarding and disembarking at ports and airports,
   • fluctuation of exchange rates relevant to a given Tourist Event.
5. The price of the Tourist Event will be increased in proportion to the amount of the change justifying the price increase.

IV. Rights and obligations of the Client and the Tour Operator

1. The Client/Participant is entitled to all benefits resulting from the Contract.
2. The Tour Operator has the right of the unilateral change of the terms of the Contract before the beginning of the Tourist Event if the change is insignificant. In such situation, the Tour Operator shall immediately inform the Client of the change in a clear and understandable manner, via a durable medium.
3. If the Tour Operator is forced, for reasons beyond its control, to change the material terms of the Contract with the Client before the start of the Tourist Event, it shall notify the Client. In such event, the Client should immediately inform the Tour Operator whether:
   • they accept the proposed change to the Contract, or
   • they withdraw from the Contract.
4. If the Client withdraws from the Contract, they may, at their discretion:
   • participate in the proposed substitute Tourist Event of the same or higher standard, unless they agree to participate in a Tourist Event of a lower standard for reimbursement of the price difference, or
   • claim back all fees and payments incurred and is exempt from the fee for withdrawal from the Contract.
5. The Client may transfer all rights related to the Contract to a person who fulfills the requirements of participation in the Tourist Event, by notifying the Tour Operator of this fact no later than 7 days before the start of the Tourist Event. The Client and the person taking over their rights are jointly and severally liable for the unpaid amount of the Tourist Event price and the costs incurred by the Tour Operator as a result of the change of Participant.
6. If, for reasons beyond the Client’s control, during the Tourist Event, the Tour Operator does not provide the services listed in the Contract and constituing a significant part of the Tourist Event itienary, then the Tour Operator will provide appropriate substitute services as part of this event without charging the Client with additional costs.
7. If the quality of the abovementioned substitute services is lower than the quality of the services specified in the Tourist Event itienary, the Client may request an appropriate reduction in the price of the Tourist Event.
8. If the provision of substitute services is impossible or the Client has not agreed to them for justified reasons and has withdrawn from the Contract, the Tour Operator is obliged, without charging the Client with additional costs in this respect, to provide a return to the starting point of the Tourist Event or to another agreed place in conditions no worse than those specified in the Contract.
9. Before concluding the Contract, the Tour Operator provides the Client with general information on the applicable passport, visa and sanitary regulations as well as health requirements for participation in the Tourist Event. During the Tourist Event, the Participant is obliged to posses the appropriate documents related to the abovementioned regulations.
10. The flight to the destination, in which the Tourist Event starts and/or return from the location, in which the Tourist Event ends, may take place without the presence of the Tour Operator. In such case, the Tour Operator or its representative will meet with the Participants at the destination airport and after the end of the Tourist Event, will provide transport to the departure airport. Air transport is on airline terms and subject to the provisions of the “Convention for the Unification of Certain Rules” relating to International Carriage.
11. The Tour Operator is not responsible for the purchase of tickets by the Participant, made before the official information that the trip is confirmed and will take place.
12. The Tour Operator has the right to exclude the Participant from participation in the Tourist Event, also before its start, if the Participant is under the influence of alcohol, drugs, intoxicants, behaves offensively, aggressively and their participation results or may result in a threat to the course of the Tourist Event. A Participant excluded for this reason is not entitled to a refund of the Tourist Event price. The Tour Operator does not cover the costs associated with their independent return to the place of stay.
13. The Tour Operator is not responsible for any legal issues of the Participants, resulting in particular from non-compliance with the law, violation of prohibitions on drinking alcohol or smoking or carrying prohibited goods, or due to the lack of a valid identity document. The Participant takes the full risk of their behaviour. In the abovementioned situations, the Tour Operator is not obliged to assist the Participant.
14. The Participant declares that their health condition fulfill the requirements of participation in the Tourist Event and that there are no contraindications to it. In case of any doubt, it is strictly recommended to consult a doctor before taking part in the Tourist Event. If the Participant’s health condition prevents them from continuing the participation in the Tourist Event during its course, they will be obliged to return to the country of origin at their own expense. In such situation, the Participant is not entitled to a refund of the Tourist Event cost and is required to cover the cost of the return ticket and any other costs on their own.
15. The Participant is obliged to assess realistically their health condition and abilities for the participation in the Tourist Event or accompanying events, also during its course. The Participant is obliged to notify the Tour Operator immediately if any contraindicators to further participation occur or to call for immediate medical assistance. If a Participant considers that a particular activity being a part of the Tourist Event itienary is excessively difficult and demanding for them, they should report this fact to the Tour Operator and withdraw from this activity in order to recover.

V. Client insurance

1. Under the general insurance agreement concluded between Towarzystwo Ubezpieczeń Europa SA (ul. gen. Władysława Sikorskiego 26, 53-659 Wrocław, e-mail: bok@tueuropa.pl) and the Tour Operator on 15 July 2021, Participants of the Tourist Events organised by the Tour Operator adviced to the insurer in accordance with the provisions of the general agreement are covered by insurance.
2. The Tour Operator concludes an insurance agreement for medical expenses and civil liabilities for each of the Participants.
3. The amount of insurance depends on the characteristics and destination of the Tourist Event and is specified in the insurance agreement.
4. The general terms and conditions of insurance, including the possibility of increasing the insurance amount and the claims settlement process, are provided to the Client before concluding the Contract.
5. The Tour Operator recommends that the Client concludes an additional insurance covering the cost of cancellation of participation in the Tourist Event.

VI. Withdrawal from the Contract

1. The Tour Operator reserves the right to introduce minor changes to the terms of the Tourist Event. The Client is informed about each Tour Operator’s intention to change the terms of the Contract.
2. In the event that the Tour Operator: is forced to change the main features of the tourist services, cannot meet the special requirements of disabled persons, imposes a price increase exceeding 8% of the total price of the Tourist Event, the Tour Operator is obliged to:
   • inform the Client about changes to the terms of the Contract,
   • set a final date for the Client’s response to the information provided by the Tour Operator,
   • inform about the right to withdraw from the Contract at no cost,
   • offer participation in substitutionary Tourist Event of the same or higher standard (a lower standard is offered with a refund of the appropriate part of the price).
3. The Tour Operator may terminate the Contract resulting in a full refund of payments made for the Tourist Event without additional compensation or redress if the number of Participants is less than the minimum number of Participants specified in the Contract for participation in the Tourist Event, and the Tour Operator has notified the Client of the termination of the Contract within the time specified in the Contract, but no later than:
   • 20 days before the start of the Tourist Event lasting more than 6 days,
   • 7 days before the start of the Tourist Event lasting 2-6 days,
   • 48 hours before the start of the Tourist Event lasting less than 2 days, or
   • the Tour Operator is unable to fulfill the Contract due to unavoidable and extraordinary circumstances and has notified the Client of the termination of the Contract immediately before the start of the Tourist Event.
4. The Tour Operator shall refund the fees and payments incurred, referred to in paragraph 3, within 14 days of the date of termination of the Contract.
5. A Client who has concluded a Contract for participation in a Tourist Event outside the Tour Operator’s registered office within the meaning of Article 2 paragraph 2 of the Act of 30 May 2014 on Consumer Rights, may withdraw from it within 14 days of its conclusion without giving a reason and incurring costs, unless the oral agreements on the basis of which the Contract was concluded were conducted on the basis of a prior order placed by the Client. The provisions of Article 30, Article 31, Article 32 paragraph 1 and 2, Article 35, Article 37 and Article 38 paragraph 1 of the Act of 30 May 2014 on Consumer Rights shall apply accordingly.
6. The Client may withdraw from the Tourist Event before its start without incurring a withdrawal fee in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity, which have a significant impact on the implementation of the Tourist Event services or the transport of Participants to the destination. The Client may only request a refund of payments made for the Tourist Event, without compensation or redress in this respect.
7. The Client may withdraw from participation in the Tourist Event at any time (in situations other than those specified in paragraphs 2, 5 and 6). In the event of withdrawal from the Contract for reasons attributable to the Client/Participant, if the withdrawal from the Contract occurred less than 60 days before the start date of the Tourist Event, the Tour Operator charges a withdrawal fee. The amount of the fee depends on the date of withdrawal from the Contract and amounts to:
   • 30% of the Tourist Event price – withdrawal within 59-40 days before the start date of the Tourist Event,
   • 50% of the Tourist Event price – withdrawal within 39-20 days before the start date of the Tourist Event,
   • 80% of the Tourist Event price – withdrawal within 19-7 days before the start date of the Tourist Event,
   • 100% of the Tourist Event price – withdrawal within 6-1 days before the start date of the Tourist Event.
8. The following shall also be understood as withdrawal from participation in the Tourist Event by the Client, entailing the Client’s obligation to reimburse the Tour Operator for costs incurred by the Tour Operator in connection with the withdrawal:
   • refusal to issue a passport, visa, lack of documents entitling to cross the border,
   • preventing the crossing of the border by border guard,
   • failure to arrive at the meeting point (in the case of a collective departure by means of transport),
   • failure to report at the place of performance of services provided by the pilot or other representative of the Tour Operator indicated in the Tourist Event itienary,
   • withdrawal due to illness and other unforeseen events.

VII. Tour Operator’s liability

1. The Tour Operator is responsible for failure to perform or improper performance of the Contract, unless the failure to perform or improper performance is caused exclusively by:
   • the Client’s action or omission,
   • the action or omission of third parties not participating in the performance of the services provided in the Contract, if such actions or omissions could not be foreseen or avoided,
   • due to unavoidable and extraordinary circumstances or Force Majeure.
2. The Tour Operator shall immediately provide appropriate assistance to the Client in a threatening emergency. The Tour Operator may demand a fee for providing assistance if the difficult situation is only caused by Client’s wilful misconduct or gross negligence.
3. The Tour Operator limits the liability for failure to perform or improper performance of services during the course of the Tourist Event, with the exception of personal injury, to twice the price of the Tourist Event for each Client. This limitation does not apply to damage caused intentionally.
4. The Tour Operator limits its liability for damage caused to the Client as a result of non-performance or improper performance of the Contract in cases specified in international agreements to which the Republic of Poland is a party.
5. In the case of optional events concluded by Clients in the destination with local entrepreneurs, not included in the Tourist Event itienary, the Tour Operator shall not be liable to the Client if it does not mediate in the conclusion of these agreements.

VIII. Financial security

1. The Tour Operator confirms that it has financial security:
   • to cover the costs of the return of Participants of the Tourist Event to the place of departure or the intended return from the Tourist Event if Tour Operator or travel agent fails, against its obligation, to ensure such return;
   • to cover the refund of payments made for the Tourist Event if, for reasons related to the Tour Operator or travel agent and persons on their behalf, the Tourist Event is not performed,
   • to cover the refund of part of the payments made for the Tourist Event, corresponding to the part of the Tourist Event that will not be performed for reasons related to the Obliged Party and persons on its behalf – in the form of an insurance guarantee agreement concluded with the insurance company Towarzystwo Ubezpieczeń Europa SA and within the Tourist Guarantee Fund.
2. A Client applying for coverage of the costs of their return to the country, if the Tour Operator, contrary to its obligation and despite the request, does not ensure such return, should immediately contact the Marshal of the Mazovian Voivodeship (phone number: +48225979501, e-mail: dkpit@mazovia.pl) or the nearest consular office and present the original Contract for the provision of tourist services and a statement about the failure of the Tour Operator to fulfill the obligation to ensure return to the country.
3. A Client applying for a refund of the payments made in the event of failure to fulfill the contractual obligations should contact the Marshal of the Mazovian Voivodeship or the insurer. The following must be attached to the payment request:
   • a Contract for participation in the Tourist Event,
   • evidence of payment for the Tourist Event.

IX. Internal complaint handling procedure

1. If, during the Tourist Event, the Client/Participant recognises that the Contract has been performed incorrectly, they should immediately notify the service provider and the Tour Operator in a manner appropriate to the type of service.
2. If the Tour Operator does not respond to the notification described in paragraph 1, the Client/Participant has the right to file a complaint in writing to the Tour Operator’s registered office or via e-mail to jan@janskwara.com within 30 days of the end of the Tourist Event. If the complaint is filed after the due date, the Tour Operator may consider it ineffective.
3. If the complaint is not accepted, the Tour Operator is obliged to justify its position in writing.
4. If the Tour Operator does not respond in writing to the complaint filed in accordance with paragraph 1 and paragraph 2 within 30 days of the date of its submission or, in case of a complaint submitted during the Tourist Event, within 30 days of its end, the complaint is considered accepted.
5. The Tour Operator informs that if the complaint is not accepted, the Client/Participant may resort to the 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, no. 1823) or to the platform of the online dispute resolution system in accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Official Journal of the EU L 165 of 18.06.2013).

X. Final provisions

1. The invalidity of any provision of the Terms of Participation has no impact on validity of the remaining provisions.
2. In matters not regulated by the Terms of Participation, the provisions of the Act, the Civil Code, and other provisions on consumer protection shall apply.
3. Any disputes arising in connection with the performance of the Contract shall be resolved amicably by the parties and, if no agreement is reached, by the court with jurisdiction over the plaintiff.
4. In accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Official Journal of the EU L 165 of 18.06.2013) it is informed that a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr.
5. In accordance with the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws no. 1823) it is informed that, by mutual consent, any disputes related to the performance of the Contract may be resolved through out-of-court dispute resolution methods.

The Terms of Participation are valid from 26 June 2024.
All the abovementioned legal acts refer to Polish legal system, unless stated otherwise.

Standard Information Form for the Contract on Participation in a Tourist Event

The combination of tourist services offered to you is a Tourist Event within the meaning of Directive (EU) 2015/2302.

Therefore, you shall be entitled to all EU rights applicable to Tourist Events.

Pakuj Plecak sp. z o. o. shall be fully liable for the proper implementation of the entire Tourist Event.

In addition, according to the legal requirements, Pakuj Plecak sp. z o. o. has a security to ensure the refund of your payments and, if transport is an element of a Tourist Event, ensure your return to the country in the event Pakuj Plecak sp. z o. o. becomes insolvent.

The most important rights in accordance with Directive (EU) 2015/2302:

• before the conclusion of the Contract for participation in a Tourist Event, Clients/Participants will receive all necessary information about the Tourist Event,
• always at least one entrepreneur is responsible for the proper performance of all tourist services covered by the Contract,
• Clients/Participants are provided with an emergency telephone number or contact point information so that they can contact the Tour Operator or travel agent,
• Clients can transfer a Tourist Event to another person by notifying it within a reasonable time,
  subject to possible additional costs,
• the price of a Tourist Event can only be increased when certain costs increase (for example fuel costs) and this has been expressly provided in the Contract; in no case may the price increase occur later than 20 days before the start of the Tourist Event. If the price increase exceeds 8% of the price of the Tourist Event, Client may terminate the Contract. If the Tour Operator reserves the right to increase the price, Client/Participant has the right to price reduction if relevant costs have decreased,
• Client can terminate the Contract without paying any termination fee and get a full refund of any payments if one of the essential elements of the Tourist Event, other than the price, changes significantly. If an entrepreneur responsible for the Tourist Event cancels it before it starts, Clients/Participants are entitled to a refund of the payments and, if applicable, to compensation,
• in extraordinary circumstances – for example, if there are serious safety issues at the destination which may affect the Tourist Event – Client may, before the start of the Tourist Event, terminate the Contract without paying any termination fee,
• in addition, Client may terminate the Contract any time before the start of the Tourist Event against appropriate and justifiable fee,
• if, after the start of the Tourist Event, its significant elements cannot be implemented in accordance with the Contract, appropriate alternative services must be offered to Clients/Participants without additional costs. If the services are not provided in accordance with the Contract, which significantly affects the implementation of the Tourist Event, and the Tour Operator fails to remove the problem, Client may terminate the Contract without paying for termination,
• Clients are also entitled to a price reduction or compensation for damage in the event of non-performance or improper performance of tourist services,
• the Tour Operator must provide assistance to Clients/Participants who finds themselves in a difficult situation,
• in the event that the Tour Operator becomes insolvent, payments shall be refunded. If the Tour Operator becomes insolvent after the start of the Tourist Event and if the Tourist Event includes transport, return of Clients/Participants to the country is guaranteed,
• Pakuj Plecak sp. z o. o. has taken out at Towarzystwo Ubezpieczeń Europa SA (ul. gen. Władysława Sikorskiego 26, 53-659 Wrocław, e-mail: bok@tueuropa.pl) a collateral in the event of insolvency. Clients/Participants may contact this entity or, if appropriate, the competent authority: Marshal Office of
  the Mazovian Voivodship (ul. Jagiellońska 26, 03-719 Warsaw, phone no.: +48225979100, e-mail: urzad_marszalkowski@mazovia.pl), if due to insolvency of Pakuj Plecak sp. z o. o. the provision of services is refused.

The directive is available at: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32015L2302.