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Terms & Conditions 111

Terms & Conditions

General Terms and Conditions of participation in tourist events organized by the organizer of tourism – CrazyGuides.com

 

I. General provisions

1. These terms and conditions regulate the participation in all the tourist and transport services organized by the organiser of tourism and licensed transport company – CrazyGuides.com on the basis of Art. 385 (1) of the Civil Code and the Act of 24 November 2017 on tourist events and related travel services.

2. General Terms and Conditions of participation in tourist events, transport services, 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 and the provider of transport services is Michal Ostrowski Crazyguides, ul.J.Palacha 5/24, 31-325 Krakow, Poland, registered in the Tour Operators and Travel Agencies Register of the Marshal of the Malopolskie Province, entry no. Z/26/2008, Transport License number 0054245.

4. If not negotiated individually, these terms and conditions apply also to contracts concluded with other tour organizers or companies.

 

II. Definitions

Organizer – Crazyguides.com (CG) acting as an organizer of tourism, organizing tourist events in Poland or acting as fully licensed transport company.

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 or only transport services. Contract is concluded only when the organizer sends the confirmation to the customer and the customer guarantees the reservation.

Website – www.crazyguides.com

 

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 taking the responsibility for compliance with the contract provisions by these other participants. CG does not provide any special care for minors and people whose legal capacity is or can be restricted. Such persons can participate in tourist services only under the guardianship of adults.

2. CG 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 CG 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. CG undertakes to perform the contract with due diligence, taking into account the professional character of its business activity.

2. CG 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. CG is not liable for losses and damages resulting from the participation of the Customer in other events during his/her stay, not organised by CG.

4. In case the service is not delivered according to the description in the agreement, CG 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. CG 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. CG does not offer any refunds in situations when Customer did not participate in the tour because Customer:

a) was late more than 15 min for the pick up

b) rejected taking part in the tour

c) force majeure incident occurred

7. CG informs about the possibility of 15 min pick up delays for the tours which include transportation, because of the heavy traffic in the center of Krakow.

8. CG is not responsible for stolen, lost or damaged luggage resulting from a fault of the Customer

9. CG 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. CG 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 CG employees concerning the itinerary and the order during a tour. In such situations CG 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. CG 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. CG should be informed about any Customer's changes/cancellations by e-mail. At some reservations CG can individually arrange a special cancellation policy valid only for that single reservation (to cope with cancellation policies of some CG's providers). If not arranged individually with the Customer, the general conditions described below apply.

a) Reservations for up to 10 people.

Up to 14 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.

c) Reservations for 10 and more people.

Up to 30 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.

4. CG reserves the right to cancel a tour at any time, if a force majeure incident occurs. In case of a cancellation caused by CG, the Customer will be informed by e-mail. In these circumstances the Customer would be offered full payment refund.

 

VI. Complaints

1. Customer should complain about any problems directly to CG'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 CG by e-mail within 14 days after the tour. In case of accepting the claim (by the period of 30days) , CG 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 CG 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 CG 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. CG 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. CG reserves the right to change the tour price offered and confirmed. If it is necessary to raise the price, CG 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 Crazyguides.com seat.

PRIVACY POLICY: PRIVACY PROTECTION RULES

The Website collects and processes Users' data based on: Regulation (EU) 2016/679 of the European Parliament and of the Council, Act of 10 May 2018 on the protection of personal data, Act of 16 July 2004 Telecommunications Law, Act of 4 February 1994 on copyright and related rights. 

The following Privacy Policy sets out the rules for saving and accessing data on the Devices of Users using the Website to provide services electronically by the Administrator and the rules for collecting and processing Users' personal data that were provided by them personally and voluntarily through the tools available on the Website. 

The following Privacy Policy is an integral part of the Regulations of the Website, which defines the rules, rights and obligations of Users using the Website. 

The Website Administrator and Data Administrator (hereinafter referred to as the Administrator) is the company "Michał Ostrowski CrazyGuides", operating at the address: ul. J. Palacha 5/24, 31-325 Kraków, with a tax identification number (NIP): 9451841433, providing services electronically via the Website. The Administrator can be contacted in one of the following ways: postal address, e-mail address, telephone number +48 5000 91 200.

Under Art. 37 of the GDPR, the Administrator has not appointed a Data Protection Officer. You should contact the Administrator directly in matters relating to data processing, including personal data.

A. Introduction

The privacy of visitors to our website is critical to us, and we are committed to protecting it. This policy explains what we do with your personal information. Consenting to the use of cookies under the terms of this policy on your first visit to our site allows us to use cookies on each subsequent visit to our site.

B. Collecting Personal Information

The following types of personal data may be collected, stored and used: 

1. computer information, including IP address, geographic location, browser type and version, and operating system; 

2. information about your visits to and use of this website, including referral source, length of visit, page views and website navigation paths; 

3. information, such as the email address you provide when registering on our website; 

4. information you enter when creating a profile on our site - for example, name, profile pictures, gender, date of birth, relationship status, interests and hobbies, education and employment details; 

5. information such as your name and email address that you provide to set up your subscription to our emails or newsletters; 

6. information entered when using the services on our website; 

7. information that is generated when you use our website, including when, how often and under what circumstances you use it; 

8. information about anything you buy, services you use or transactions you make through our website, including your name, address, telephone number, email address and credit card details;

9. information we post on our website to post it online, including your username, profile pictures and the content of your posts; 

10. information contained in any correspondence sent to us by email or through our website, including communication content and metadata; 

11. any other personal information you submit to us. 

Before you disclose another person's personal information to us, you must obtain that person's consent to disclose and process that personal information under this policy.

C. Use of your personal information

Your personal data submitted to us through our website will be used for the purposes set out in this policy or on the relevant pages of the website. 

We may use your personal information to: administer our website and business; personalizing our website for you; enable the use of services available on our website; sending goods purchased through our website; providing services purchased through our website; sending you statements, invoices and payment reminders and receiving payments from you; sending non-marketing commercial communications; sending email notifications you have requested; sending our email newsletter if you have asked for it (you can inform us at any time if you no longer wish to receive the newsletter); send you marketing information about our business or the activities of carefully selected third parties that we think may be of interest to you, by post or, if you have consented to it, by email or similar technology (you can let us know at any time if you no longer wish to receive communications marketing); provide third parties with statistical information about our users (but these third parties will not be able to identify any specific user from this information); dealing with inquiries and complaints made by or about you in relation to our website; ensure the security of our website and prevent fraud; verifying compliance with the terms of use of our website (including monitoring private messages sent via our private messaging service); and other applications. 

If you submit personal information for publication on our site, we will publish and otherwise use it under the license granted to us. Your privacy settings may be used to limit the publication of your information on our website and can be adjusted using the privacy controls on the website. We will not provide your personal data to third parties, or any related third parties, for direct marketing purposes without your express consent.

D. Disclosure of Personal Information

We may disclose your personal information to any of our employees, officers, agents, suppliers or subcontractors as necessary for the purposes set out in this Privacy Policy. 

We may disclose personal data to any members of our group of companies (i.e. subsidiaries, leading holding company and its subsidiaries) as necessary for the purposes set out in this Privacy Policy. 

We may disclose your personal data: to the extent required by law; in connection with ongoing or potential legal proceedings; to establish, exercise or defend our legal rights (including sharing information with others for anti-fraud purposes); the buyer (or prospective buyer) of any business or asset we are (or are considering) selling; and to any person, we reasonably believe may apply to a court or other competent authority for disclosure of such personal information where, in our reasonable opinion, such court or authority is likely to order disclosure of such personal information.

Except as set out in this Privacy Policy, we will not share your information with third parties. 

E. International Data Transfers 

1. The information we collect may be stored and processed in each of the countries in which we operate and may be transferred between those countries to enable the information to be used under this Privacy Policy. 

2. The information we collect may be transferred to countries that do not have data protection laws equivalent to those in force in the European Economic Area: United States of America, Russia, Japan, China and India. 

3. Personal data that you publish on our website or submit for publication on our website may be available worldwide. We cannot prevent the use or misuse of such information by others. 

4. You expressly consent to the transfer of personal information described in this Section 

F. Retention of personal information 

1. In this Section F, we set out our data retention policies and procedures to ensure that we comply with our legal obligations to retain and delete personal information. 

2. Personal data that we process for any purpose or purposes will not be kept for longer than is necessary for that purpose or purposes. 

3. Notwithstanding anything else in this Section F, we will retain documents (including electronic documents) containing personal data: to the extent required by law; if we believe the documents may be relevant to any pending or future legal proceedings; and to establish, exercise or defend our legal rights (including sharing information with others for anti-fraud purposes). 

G. Security of personal data 

1. We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. 

2. We will store all personal information you provide on our secure (password and firewall-protected) servers. 

3. All electronic financial transactions entered into through our website will be protected by encryption technology. 

4. The User acknowledges that the transmission of information via the Internet is potentially dangerous, and the security of data sent in this way is not guaranteed. 

5. You are responsible for maintaining the confidentiality of the password you use to access our website; we will not ask you for your password (except when you log into our website). 

H. Amendments

We may update this policy from time to time by posting a new version on our website. You should check this page from time to time to ensure you understand any policy changes. We may notify you of changes to this policy via email or the private messaging system on our website.

I. Your rights 

1. The user may request access to his personal data that is stored. The provision of such data involves the provision of appropriate proof of identity. For this purpose, we usually accept a photocopy of a passport certified by a notary public and an original copy of a utility bill with a current address. 

2. We may hide personal data at your request to the extent permitted by law.

3. You can instruct us at any time not to process your data for marketing purposes.

4. In practice, you usually expressly consent to us using your data for marketing purposes in advance, or we will provide you with the option to opt-out of sharing your personal data for marketing purposes. 

J. Third-Party Websites 

Our website contains hyperlinks to third-party websites and detailed information about them. We have no control over and are not responsible for third parties' privacy policies and practices. 

K. Information update

Please let us know if we need to correct or update our personal data.

L. Cookies 

1. Our website uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) sent by a web server to a web browser and stored by the browser. Identification data is sent back to the server each time the browser requests to open a page located on the server. Cookies can be "persistent" or "session" cookies: persistent cookies will be stored by your web browser and will remain valid until the set expiry date unless you delete them before the expiry date; the session cookie expires at the end of the user's session when the web browser is closed. Cookies typically do not contain any information that identifies you, but the personal information we store about you may be linked to the information stored in and obtained from cookies. We use both session and persistent cookies on our site. 

2. Names of the cookies we use on our website and the purposes for which they are used: we use Google Analytics and Adwords on our website to recognize your computer when you visit the website, track users as they browse the site, enable the use of a shopping cart on the website; improve the usability of the website; analyze the use of the website; administer the website; manage the site; prevent fraud and improve the security of the website; personalize the website for each user; target ads that may be of particular interest to specific users. 

3. Most browsers allow you to refuse cookies - for example: in Internet Explorer (version 10), you can block cookies using the cookie override settings available by clicking "Tools", "Internet Options", "Privacy", and then "Advanced"; in Firefox (version 24), you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu and unchecking "Accept cookies from sites"; and in Chrome (version 29) you can block all cookies by opening the "Customize and control" menu, clicking on "Settings", "Show advanced settings" and "Content settings", then selecting "Block sites from setting any data" under the heading "Files cookie". 

4. Blocking all cookies will have a negative impact on the ability to use many websites. If you block cookies, you will not be able to use all the features of our website. 

5. You can delete cookies already stored on your computer - for example: in Internet Explorer (version 10), you must manually delete cookies. In Firefox (version 24), you can delete cookies by clicking "Tools", "Options", and " Privacy", then selecting "Use custom settings for history", clicking "Show Cookies", then clicking "Delete All Cookies"; and in Chrome (version 29) you can delete all cookies by opening the "Customize and control" menu, clicking on "Settings", "Show advanced settings" and "Clear browsing data" and then selecting "Delete cookies and third-party data and plug-ins" before clicking "Clear Browsing Data". 

6. Deleting cookies will have a negative impact on the usability of many websites.

These General Terms and Conditions are valid from 01.01.2022

 

 



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