GENERAL PARTICIPATION CONDITIONS FOR MOTORCYCLE EVENTS (GPC)
I. GENERAL PROVISIONS
1 ADV Sp. z o.o. with its registered office in Katowice (40-611 Katowice) at ul. Fabryczna 15, NIP 9542774145; REGON 360916622, entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000663669, hereinafter referred to as the "Organizer", aims to promote motorcycle tourism, the formation of principles of cultural and safe motorcycle riding.
2. These Participation Terms and Conditions issued on the basis of Article 384 § 1 of the Civil Code and the Act of November 24, 2017 on tourist events and related tourist services (Journal of Laws 2017.2361 of 2017.12.18), hereinafter referred to as the "Act", define the rights and obligations of the Organizer and the participants of the trip;
3. The conditions of participation in the tourist event, hereinafter referred to as the "event" are determined in each case by the GPCs and, if provided for the event, by other documents. The participant declares that they have read the contents of these documents that apply to the selected event and accept them without reservation.
4. Acceptance of these conditions is necessary to participate in the event.
5. The Organizer declares that it is a Tour Organizer within the meaning of the Act and meets the conditions for conducting business in the field of organizing tourist events, and in particular:
a) has been entered in the Register of Tour Operators and Tour Intermediaries of the Marshal of the Silesian Voivodship under number 1214, whereby the said entry, in accordance with Article 72(1) of the Act, has by law become an entry in the Register of Tour Organizers and Entrepreneurs Facilitating the Purchase of Related Tourist Services referred to in Article 22(2) of the Act,
b) has a travel insurance guarantee granted by WIENER Towarzystwo Ubezpieczeń S.A. No. COR253186 with a period of validity from 1.03.2022r to 28.02.2023r , the guarantee amount of which is 270,000.00 PLN and provides for participants in the event of its insolvency:
- payment of the amount necessary to cover the costs of continuation of the event or the costs of return to the country, including, in particular, the costs of transport and accommodation, including, in a reasonable amount, the costs incurred by the travelers, in the event that the Organizer or the entrepreneur facilitating the purchase of related tourist services, against the obligation, does not provide this continuation or this return,
- reimbursement of payments made in payment for the event or any paid service to the entrepreneur facilitating the purchase of related travel services, where, for reasons attributable to the Organizer or the entrepreneur facilitating the purchase of related travel services or persons who act on their behalf, the event or any paid service to the entrepreneur facilitating the purchase of related travel services has not been or will not be provided,
- refund of the portion of the payments made in payment for the event corresponding to the portion of the event or for any service paid to the entrepreneur facilitating the purchase of related travel services corresponding to the portion of the service that has not been or will not be provided for reasons attributable to the Organizer or the entrepreneur facilitating the purchase of related travel services, or persons who act on their behalf;
In the event that the Participant needs to use the above-mentioned insurance, detailed information is provided by the Marshal of the Silesian Voivodeship - Office of the Marshal of the Silesian Voivodeship, ul. Ligonia 46, 40-037 Katowice, WIENER TU S.A. or the nearest consular post of the Republic of Poland; makes timely payment of premiums on contracts for participation in a tourist event in the amount due to the Tourist Guarantee Fund and undertakes to continue to pay premiums in accordance with the terms of the Act. The amount of the contribution shall be indicated in the contract for participation in a tourist event. The amount due for the premium is calculated for a period of one month and transferred together with the declaration required by the Law to the Insurance Guarantee Fund by the 21st day of the month following the relevant period.
6. The following specified terms used in the GPCs shall mean the following:
1) traveler - anyone who wishes to conclude a contract for participation in a tourist event or is entitled to travel on the basis of a contract concluded within the scope of application of the Act;
2) participant of an event - a traveler enrolled on the basis of an application form to participate in an event organized by ADV Ltd.
3) website - an information resource that can be accessed via a web browser at www.advpoland.pl;
4) force majeure - an external event, impossible to foresee and impossible to prevent with the exercise of due diligence. Force majeure is, in particular, catastrophic acts of nature, acts of legislative and executive power, as well as strikes, riots and acts of war on the territory of the Republic of Poland and the country on the territory of which the motorcycle event takes place;
5) itinerary - a set of detailed information on the selected motorcycle event with a detailed breakdown of the following program content of the event, provided to participants via e-mail to the e-mail address provided in the application form.
6) organizer's equipment - a motorcycle made available by the organizer on the basis of a separate agreement, as well as a motorcycle made available on the basis of a separate rental agreement concluded between the participant and a third party indicated by the organizer (applies to events in the USA);
7) own equipment - a motorcycle that is not a motorcycle provided by the organizer.
8) lease agreement - an agreement together with the General Lease Conditions (GLC) concluded between the Organizer and the Participant, the subject of which is the use of the Organizer's equipment during the motorcycle event and is an integral part of the GPCs;
9) transportation agreement - an agreement the subject of which is the transportation of the participant's own equipment to and from the place of commencement and termination of the event and is an integral part of the GPCs;
10) event - a form of meeting of participants, having a one-time character, filled with program content in the field of sports, recreation, tourism, as well as cultural entertainment.
11) expedition - the part of the event starting on the day the expedition leader sets out on the planned route with the Participants present;
12) application form - a document on the basis of which those interested in taking part in an event select the preferred event described on the website www.advpoland.pl.
13) alignment point - the place where Expedition Participants meet with the Expedition Supervisor specified during the daily briefing and in the itinerary, aimed at gathering Expedition Participants in one place determined by logistical and safety considerations.
14) main briefing - an informational meeting organized by the expedition supervisor on the day of and at the starting point of the event, according to the guidelines contained in the itinerary, during which organizational information about the expedition, the planned route, and safety of the participants is provided to the Participants.
15) daily briefing - an information meeting organized by the expedition supervisor on each day of the expedition at the place and time specified in the itinerary, during which participants are provided with organizational information about the section of the planned route covered on a given day and tourist information related to the visited region.
16) expedition supervisor - a representative of the organizer present at the place of the event and during the expedition, authorized to make decisions on behalf of the organizer.
17) service car - a car provided by the Organizer that travels along a strictly defined route in the itinerary.
II. ORGANIZER'S DUTIES AND RESPONSIBILITIES
1. The Organizer shall be responsible for the performance of the tourist services covered by the contract for participation in the tourist event, regardless of whether these services are to be performed by the Organizer or by other suppliers of tourist services. In connection with the organization of the event, the Organizer shall not be liable for:
1.1) the permanent or temporary impossibility of organizing the event or its shortening, as well as the failure to organize or improperly organize the event or its shortening due to the occurrence of force majeure or any other circumstance for which the Organizer, in accordance with generally applicable laws, is not responsible;
1.2) inability of the participant to participate in the event due to reasons attributable to third parties, for which the Organizer, in accordance with generally applicable laws, is not responsible, including in particular those caused by canceled or delayed means of transportation to the place of commencement of the event;
1.3) the inability of the participant to participate in the event for reasons attributable to the participant, including, in particular, caused by the participant remaining in a state of intoxication, damage to the motorcycle, health condition that does not allow the participant to travel on the motorcycle in the time provided in the itinerary for riding the motorcycle, inadequate fitness, skills and technical preparation for the expedition;
1.4) the consequences of the participant's violation of the GPCs;
1.5) change of the expedition route for reasons specified in the GPCs;
1.6) personal injury or property damage suffered by the participant, including in particular illness, death, theft;
1.7) benefits lost by the participant.
(2) The participant shall notify the Organizer immediately, as far as possible during the course of the event, taking into account the circumstances of the case, of the finding of non-compliance.
3. 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 nonconformity, unless this is impossible or involves costs that are disproportionately high in relation to the extent of the nonconformity and the value of the tourist services involved. If the nonconformity is not removed, the provisions of Article 50 of the Act shall apply accordingly.
4. If the Organizer does not remove the nonconformity within a reasonable period of time set by the participant, the participant may do it himself and claim reimbursement of the necessary expenses incurred. The participant is not obliged to set a deadline if the Organizer refuses to remove the nonconformity or if the circumstances indicate that the nonconformity should be removed immediately.
5. The organizer who, during a given tourist event, does not perform the services stipulated in the contract for participation in the tourist event that are an essential part of this event, shall, without charging the traveler with additional costs, perform adequate substitute services within the framework of this event, even if the return of the traveler to the place of departure, as agreed in the contract for participation in the tourist event, is not ensured.
6. If the quality of substitute services is inferior to the quality of service specified in the program of the event, the Organizer shall grant the traveler an appropriate reduction in the price of the event.
7. The participant may reject the proposed substitute services only if they are not comparable to what was agreed upon in the contract for participation in the tourist event or if the price reduction granted is inadequate.
8. If the nonconformity materially affects the performance of the event and the Organizer fails to remove the nonconformity within a reasonable period of time set by the participant, the participant has the right to terminate the participation agreement without a termination fee.
9. If it is not possible to offer substitute services or the participant rejects them in accordance with paragraph 7, then the participant is entitled to obtain a reduction in price or compensation or redress, without termination of the participation agreement.
10. The organizer does not provide medical care during the event, but only insurance as specified in sec. VIII.2 of the GPCs.
III. PARTICIPANT'S DUTIES AND RESPONSIBILITIES
1. The participant shall:
1.1) participate in the event in a manner consistent with the provisions of the law and prevailing customs generally accepted in the country in which the event is organized and not to violate the rights of third parties;
1.2) comply with the rules set forth in the GPCs of departure and the schedule of the event, with particular attention to the locations and times indicated therein;
1.3) observe the traffic regulations in force in the country where the participant is staying;
1.4) familiarize themselves reliably with the expedition route before booking the event, in particular with the daily sections specified in the itinerary; the expedition route may pass through very difficult places, where extreme weather conditions occur, i.e. very high and very low air temperature, intense rainfall, snowfall, strong wind; the Organizer indicates, and the Participant acknowledges, that a realistic assessment of one's own skills and fitness made personally by the Participant is a basic condition for the efficient organization of the group event and the safety of the participants during the expedition;
1.5) familiarize themselves with the itinerary, the expedition route and adhere to them;
1.6) submit to a sobriety test with a breathalyzer at the request of the expedition supervisor; during the event, the Participants are strictly prohibited from consuming alcohol.
2. The expedition supervisor shall have the right to exclude the Participant from the event if it is determined that the Participant does not comply with the provisions and relevant recommendations set forth in the GPCs, in particular in the case of:
2.1) the Participant remaining in a state of intoxication during the time scheduled in the itinerary for motorcycle riding;
2.2) the Participant's lack of skills, physical conditions, and technical preparation of both persons and equipment to participate in the expedition;
2.3) dangerous behavior on the road endangering the life or health of other traffic participants,
2.4) health condition not allowing participation or continuation of participation in the expedition
3.In the event of exclusion from the expedition, the Organizer shall not provide assistance in the transportation of persons, belongings, and equipment to the next point of the expedition according to the itinerary and to the place of commencement or completion of the event;
4. In the event that a Participant is excluded for reasons other than being intoxicated, the Organizer shall help, to the best of its ability, to transport the Participant's persons, belongings, and equipment to the next point of the expedition in accordance with the itinerary, or to the starting or ending point of the event.
5. Each Participant is required to have a valid (at least 6 months from the date of return to Poland) passport (with a photocopy), appropriate visas for the countries visited according to the itinerary, and medical certificate required in the countries according to the itinerary. Persons using temporary or diplomatic passports are advised by the Organizer to contact the diplomatic post of the destination country before booking due to possible formal restrictions associated with such a passport;
6. Each driver shall:
6.1) have a valid driver's license (with a photocopy) with a category appropriate to the vehicle he/she is driving. In case the participant does not have an English driving license, he/she must have an International* Driving License;
6.2) be at least 21 years of age;
6.3) submit to a motorcycle driving skills verification conducted by the expedition supervisor.
IV. DURATION OF THE EVENT
1. The commencement date and the end date of the event shall be the date specified in the departure proposal on the Organizer's website, in the Information Form referred to in items XII 1 and 2 of the GPCs, and in the itinerary.
2. The place of commencement and place of completion of the event is the location specified in the departure proposal on the Organizer's website, in the Information Form referred to in items XII 1 and 2 of the GPCs, and in the itinerary.
V. TRANSPORT
(1) The Organizer does not provide transportation of persons to and from the starting and ending points of the event.
2. The Organizer shall provide transfer of the Participant from the airport or transfer center by means of transportation other than an airplane to the starting point of the event and from the ending point of the event to the airport or transfer center. The condition for providing the transfer is to inform the Organizer about the time and place of landing of the airplane before the beginning of the event and taking off after the end of the event, no later than 7 days from the date of confirmation by the Organizer of the holding of the event via e-mail to the e-mail address given in point I and receipt of a return message confirming receipt of the information.
3. The Organizer shall not be liable for failure to provide transfer from the airport or transfer center to the place of commencement of the event and from the place of termination of the event to the airport or transfer center due to failure to timely inform the Organizer in accordance with Section V.2 of the GPCs.
4. The organizer, at the request of the Participant of the trip, may assist in finding and selecting transportation to and from the place of commencement and termination of the event, in particular, the organizer may indicate the means of transportation, connection, recommended travel agency or carrier. At the same time, the organizer does not mediate the contract with the carrier and is not responsible for the price of the service purchased from the carrier.
VI. ORGANIZER'S EQUIPMENT
1. The Organizer shall make the Organizer's equipment available on the terms and conditions specified in the lease agreement and the GLCs.
2. The release of the Organizer's equipment to the Participants and the surrender of the Organizer's equipment to the Organizer shall take place in accordance with the terms and conditions set forth in the motorcycle lease agreement and shall take place on the date and at the location specified in paragraphs IV 1 and 2 of the GPCs at the time specified in the itinerary and shall not be subject to change due to the timing of the Participants' individual arrivals and departures to and from the starting and ending point of the event;
3. The Organizer shall provide the possibility of equipping the Organizer's equipment with a BMW Soft - Bag with a capacity of 32 liters and navigation devices with a programmed expedition route, including points specified in the itinerary, in particular hotels, parking lots, alignment points. (Additional charges may apply)
4. The Participant's responsibility for the provided equipment of the Organizer and issues related to motorcycle malfunctions, provision of replacement motorcycles and the resulting settlements are defined in the motorcycle lease agreement and GLCs.
5. During the expedition, the Organizer shall provide daily technical inspections and ongoing maintenance of the Organizer's equipment made available to the Participant.
6. The Organizer shall provide Participants using the Organizer's equipment with motorcycle-related documents necessary to cross the borders of individual countries, in particular customs declarations, translations, notarial authorizations required in the country where the event takes place.
VII. OWN EQUIPMENT
1. The condition for allowing own equipment to participate in the expedition is to ensure its proper technical condition and to have navigation equipment. The technical condition of the equipment shall be checked by the expedition supervisor at the starting point of the event;
(2) The organizer recommends that a service inspection be performed at an authorized dealer of the brand of equipment in question before returning own equipment for transport;
3. The Participant's own equipment must be compulsorily equipped with a set of non-standard wrenches, a repair kit including cartridges, inner tubes, basic equipment for self-replacement of tires, consumables including oil, chain lubricant.
4. The organizer reserves the right not to allow participation in the expedition of a motorcycle that does not meet the technical requirements to cover the route specified in the itinerary
5. The organizer may provide transportation of own equipment under the terms and conditions specified in a separate transportation agreement.
6. The organizer does not provide equipment of own equipment with navigation devices and spare parts such as oil, candles, inner tubes, tires.
7. The Organizer on the day and at the place of commencement of the event shall provide the Participants with the so-called trace, containing the points specified in the itinerary, in particular hotels, parking lots, alignment points, which the Participant is obliged to enter into his own navigation device on his own and bear any costs associated with it.
VIII. SAFETY OF PARTICIPANTS
1. The organizer shall provide participants with insurance coverage during the event.
2. The insurance contract is concluded with WIENER Towarzystwo Ubezpieczeń S.A in the scope of medical expenses up to the amount of EUR 30,000 worldwide, EUR 20,000 Europe, and personal accidents up to the amount of PLN 15,000 for each Participant of the event.
3. The Participant has the right and obligation to familiarize himself/herself with the relevant General Insurance Terms and Conditions prior to the commencement of the event.
4. The Organizer shall not provide insurance coverage beyond the duration of the event, in particular, the Organizer shall not provide insurance coverage for the duration of travel, return and transfer to and from the place of commencement and completion of the event.
5. The Organizer shall not provide insurance coverage for the cancellation of the event by the Participant. The Organizer recommends that the Participants provide additional insurance coverage on their own, covering, in particular, loss of or damage to luggage and reimbursement of fees for the interruption of the event for reasons specified in the GPCs and for cancellation of the event booking with the Organizer.
6. The participant should exercise due diligence in selecting insurance, in particular, conclude a contract with an insurance company that offers cancellation insurance coverage.
7. The participant takes part in the tourist event at his own risk and responsibility. The participant accepts the risk of riding a motorcycle carrying the possibility of injury or even death.
8. The participant shall notify the Organizer (prior to departure) of ongoing cardiovascular diseases, mental illness, movement limitations, medications taken, etc. specific information that may affect the deterioration of his/her health during the event.
9. In the event that the Participant fails to provide information about their actual health condition, medications taken, and other restrictions that may hinder their participation in the tourist event, the Organizer reserves the right not to allow the Participant to participate in the tourist event / to interrupt the provision of the Agreement - if the Organizer considers that this endangers their life, health or the performance of the Agreements concluded with other Participants of the event. All costs resulting from this situation will be charged to the Participant responsible for this state of affairs.
10. The Organizer, at the request of the Participant of the trip, may assist in finding and selecting an insurance agency.
11. The Participant is required to use approved protective clothing during the expedition. The organizer recommends that all participants be equipped with:
- a full-face motorcycle helmet (covering the face and protecting the jaw), meeting ECE/FIM standards (approval). The helmet must be fastened at all times while riding the motorcycle. Jaw helmets must have the jaw lowered while riding a motorcycle.
- a motorcycle suit in good condition (one or two-piece), made of hard-wearing materials and equipped with a set of protectors (knees, elbows, shoulders, etc.) For the rider's comfort, it should be equipped with thermoactive pads and be suitable for the full range of temperatures and weather conditions.
- means of additional spine protection and chest protectors
- motorcycle boots to protect the ankle.
- motorcycle gloves to protect wrists, ankles, and fingers
- rain suit (one or two-piece)
12. In addition, the Organizer recommends that Participants be equipped with:
- first aid kit stocked with cold medicines, painkillers, eye drops, medicines for stomach ailments, bandage plasters, bandages, elastic bandages, disposable gloves
- cell phone ( + charger ) with an entered Polish SOS number to a loved one in Poland and an entered Embassy emergency number of the country in which the expedition takes place. It is advisable that the participant's phone allows to determine his location and GPS coordinates.
13. The analysis of the Participants' equipment takes place during the main briefing. The Organizer has the right to require the Participant to complete the equipment and adjust the equipment to the applicable safety rules in case the Participant's equipment is not in accordance with the specified in Chapter VIII, items. 11 and 12 of the GPCs.
11. A trip to an area of the world with a different climate or low standard of sanitary and hygienic conditions requires the use of pre-selected prophylaxis.
IX. TRAVEL ROUTE
The tour route is described in the Information Form referred to in points XII 1 and 2 of the GPCs and in the itinerary. The Organizer also makes available the expedition route in a simplified form via ADVPOLAND.PL website.
2. The Organizer reserves the right to change the expedition route at any time without giving any reason, due to the occurrence of, among others, force majeure, inappropriate weather conditions, or poor condition of the participants.
3. The participants of a given expedition are led by an expedition supervisor.
4. The supervisor of the expedition has the right to check the state of sobriety of the expedition Participant with a breathalyzer.
5. On the expedition route Participants move in a compact group in teams and sub-teams of 3-4 persons. Participants may not move on the expedition route alone.
6. The participant is obliged to inform the expedition supervisor of any problems that arise along the expedition route, in particular of the difficulties associated with overcoming a particular section of the expedition.
7. The expedition supervisor shall have the right to order the movement of Participants on the expedition route in one group, in particular for organizational, navigational, or other incidental reasons.
8. Moving in one group obliges the Participants to drive in one column (arranged in the so-called checkerboard) in the order designated by the expedition supervisor, with no possibility of overtaking without a legitimate need. Any overtaking should be preceded by giving a sound signal to the preceding Participant;
9. Each Participant is then required to join the traffic separately, with a time gap of at least 4 seconds or a distance of at least 25 meters;
10. In the event that the Participant ahead pulls over to the right side of the roadway, it is strictly prohibited to overtake him until it is certain that he is not performing a turning maneuver.
11. The service car shall move in the opening or closing position of the column.
12. A Participant may change the designated route of the expedition and leave the other Participants of the expedition only after obtaining verbal permission from the expedition supervisor. The guardian may refuse permission to change the route and leave the Participants of the expedition, in particular, if it interferes with the efficient organization of the expedition.
13. Participants are required to appear at the compensation points at the time and place specified during the daily briefing. Failure of the Participant to appear at the compensation point at the aforementioned time and place shall not block the further part of the expedition, and the Organizer shall not be obliged to wait for the arrival of the Participant at the compensation point after the time specified during the briefing.
14. Participants shall move along the expedition route in accordance with the traffic regulations of the country in which they are located.
X. SUPERVISION ON THE EXPEDITION ROUTE
1. During the expedition, the Organizer shall ensure the participation of an expedition supervisor and a motorcycle mechanic.
2. The tasks of the guardian of the expedition are aimed at assisting the participants of the expedition in formal, organizational issues related to participation in the event and concerning the safety of the Participants.
3. The tasks of the guardian of the expedition do not include exercising personal custody over each Participant, especially in matters not directly related to the organization and course of the expedition.
4. The tasks of the motorcycle mechanic are aimed at providing ongoing technical assistance in repairing defects and malfunctions of motorcycles arising on the route of the expedition, the servicing of which is possible (in particular in view of the tools and spare parts available) at the time and at the place of the expedition.
5. The tasks of the mechanic do not include the repair of motorcycle malfunctions arising before and during the event, not affecting the efficiency of the motorcycle during the expedition.
6. During the expedition, the Organizer shall ensure the availability of a service car.
7 The service car is equipped with a first aid kit, a service computer, and basic tools needed to repair the motorcycle malfunction that has occurred in accordance with point X. 4 of the GPCs, tires, patches and a stock of necessary service parts for BMW motorcycles.
8. In the service car, Participants have the opportunity to transport luggage that meets the conditions specified in the item. X. 9 and 10 of the GPCs. The expedition supervisor may refuse to transport luggage that does not meet the requirements specified in the GPCs.
9. The participant's luggage must be packed in one soft bag, not being a suitcase, with a total weight not exceeding 20 kg. All items transported must be packed in the bag. The service car does not transport animals.
10. The Participant's luggage handed over for transport shall be marked by the Participant with an information plate given to him at the main check-in. The Participant is obliged to protect the items transported in the luggage from damage during transport.
11. The organizer shall not be liable for loss or damage to luggage given for transport or items constituting the contents of luggage.
12. The hours of departure and arrival of the service car to specific points on the expedition route, including hotels, are specified in the itinerary and are also communicated during the daily check-in. These hours are subject to change for reasons beyond the control of the Organizer.
13. Packing and unpacking of luggage directly to and from the service car shall be done personally by the Participant only during the time interval specified during the daily check-in. If the Participant fails to appear at the specified time for reasons beyond the control of the Organizer, the Organizer is not obliged to wait for the Participant or to deliver the luggage to the designated place.
14. The service car may be used only in cases specified in the GPCs. The Participant is obliged to secure himself/herself with items needed for the duration of the passage of a given section of the expedition route. The contents of the service car will not be available to the Participants at any time.
15. When crossing the border of a given country, each Participant is obliged to personally present his/her luggage for inspection by the relevant customs authorities.
16. Change of the passage of the service car requires each time to be agreed with the guardian of the expedition and the Participant to bear the cost of the over-scheduled car passage.
17. The expedition supervisor and the motorcycle mechanic shall move on the expedition route by service car or by service car and motorcycle in case the group of Participants exceeds the number of fifteen motorcycles.
XI. ACCOMMODATION AND MEALS DURING THE EXPEDITION
1. Reservation of hotel accommodation shall be made on the basis of the application form completed by the Participant. Rooms available to Participants are single or double (two separate beds). The cost of accommodation depends on the number of nights booked, which may be subject to change in accordance with the time of arrival of the Participant at the starting point of the event.
2. The hotel day, and consequently hotel services (e.g. food), in hotels ends at 10:00 a.m. and begins at 4:00 p.m. Not every hotel offers the availability of breakfast as part of the purchased accommodation.
3. Detailed information on the location of hotels is included in the Information Form referred to in points XII 1 and 2 of the GPCs and in the itinerary.
4. The Organizer shall, as far as possible, book hotels of the best possible standard in the area through which the route of the expedition passes, having a parking lot for motorcycles with a caretaker.
5. The organizer does not provide Participants with food during the event beyond that included in the hotel benefits purchased by the Participants, as specified in the itinerary.
6. During the event, meals are prepared by local hotels and catering establishments and are predominantly regional cuisine. The organizer does not provide meals with special diets such as vegetarian, and gluten-free, among others.
7. Times and places of meals are specified in the itinerary and are subject to change for reasons beyond the control of the Organizer.
8. As much as possible, the group's supervisor at the time of daily briefings recommends catering establishments in the visited region, the services of which can be used by the participants on their own.
XII. INFORMATION OBLIGATIONS OF THE ORGANIZER, BOOKING AND COSTS OF THE EVENT
1. The organizer, before concluding the contract for participation in a tourist event, shall provide travelers with:
1.1). Standard information through the appropriate standard information form in accordance with Article 39 of the Law,
1.2). information referred to in Article 40(1) of the Act through the information form for the event, hereinafter referred to as the "Information Form".
2. The Information Form shall include the provision of the following information to the traveler:
2.1) concerning the main characteristics of travel services:
a) the place of stay, itinerary and duration of the event, including at least the approximate start and end dates and the number of nights provided during the event,
b) the location, type and category of accommodation, according to the regulations of the country of stay,
c) the number and type of meals,
d) the detailed program of sightseeing, excursions or other services included in the price of the event,
e) whether any tour services will be provided in a group, and, if possible, the approximate size of the group,
f) information on language requirements in case the traveler's use of certain tourist services will depend on effective oral communication,
g) information on the accessibility of tourist services for persons with reduced mobility, as well as, at the request of the traveler, accurate information on the possibility of adapting them to his needs;
2.2) the amount or percentage of prepayment in the price of the event and the deadline for its payment and the deadline for payment of the entire price, as well as the method of payment and indication;
2.3) the price of the tourist event, including taxes and, if necessary, any additional fees and other costs, or, if these costs cannot reasonably be expected to be calculated prior to the conclusion of the contract for participation in the tourist event, information on the type of additional costs that may be charged to the traveler
2.4) the minimum number of persons required for the event to take place;
2.5) the deadline for notifying the traveler in writing about the possible cancellation of the event due to insufficient number of registrations, if its implementation depends on the number of registrations;
2.6) information on the right of the traveler to terminate the contract for participation in the event at any time before the start of the event for an appropriate fee and the amount thereof;
2.7) general information about the applicable passport, visa and sanitary regulations, as well as health requirements for participation in the event;
2.8) the trade name and address of the tour operator or agent, as well as their telephone numbers or e-mail addresses;
2.9) information on compulsory insurance or voluntary insurance to cover the costs of the traveler's termination of the contract for participation in the tourist event or the costs of providing assistance, including the costs of repatriation in case of accident, illness or death.
3. The tour operator or agent, before concluding the contract for participation in a tourist event, shall inform the traveler of any change in the information listed in the Information Form.
4. Reservation of an event shall be made by sending via e-mail to the Organizer's e-mail address a completed application form.
5. The application form may relate to the participation in the event of one or more persons. The person making the reservation (the first person listed on the application form) assumes responsibility for paying the full amount of the event price for all persons listed on the application form. He or she is also responsible for informing the other persons of all details of the event. The person making the reservation must be at least 18 years old.
6. The Organizer, after verifying the application form, sends a feedback message with information about its positive or negative consideration.
7. Positive consideration of the application form results in the inclusion in the feedback message of information about the bank account to which the prepayment of 30% of the price of the event calculated for each person included in the application must be made, as well as the provision of a model contract for participation in the tourist event for which the application was made, General Terms and Conditions of Participation in the Motorcycle Event, General Insurance Terms and Conditions and General Terms and Conditions of Rental. The exception where prepayment is 100% of the event price applies to the submission of a reservation form less than 45 days from the start date of the event.
8. The participant, by concluding a contract for participation in the tourist event, agrees to the free use of the image of the persons enrolled in the application form (photographs, audio-video recording) for the purposes of conducting business by ADV Sp. z o. o, marketing, promotional and other activities necessary to protect the interests of the Organizer. If the Participant does not agree to the provision of item. 8, the Participant is obliged to notify the Organizer about it in the booking form.
9. The condition for making a reservation is payment to the Organizer's bank account of a prepayment in the price of the event, in the amount specified in accordance with point XII.7 of the GPC, within 48 hours after the Organizer sends a message about positive consideration of the application form. Making a prepayment of the event price is tantamount to acceptance of the General Terms and Conditions of Participation in the Motorcycle Event by each Participant to whom the application form referred. Failure to make a prepayment within 48 hours will result in cancellation of the preliminary reservation form.
10. Once the reservation has been made, the Participant will receive via e-mail a confirmation of the prepayment of the event price and a document of the concluded contract for participation in the motorcycle event in PDF (Portable Document Format). The agreement on participation in the tourist event shall be deemed concluded at the moment of crediting the Organizer's account with the prepayment of the event price in accordance with Section XII.7. of the GPCs.
11. The Participant shall make payment of the further price of the event by transfer to the Organizer's bank account referred to in point XII. 7 of the GPC by the date and in the amount indicated in the document named: Margin Invoice, sent to the Participant's e-mail address indicated in the application form. The deadline for payment specified in the Margin Invoice is up to 45 days from the date of prepayment of the event price.
12. Failure to pay the further price of the event within the deadline referred to in item XII. 11. of the GPCs shall be deemed a withdrawal from the contract by the Participant of the event, which shall result in the Participant being charged a withdrawal fee for participation in the travel event in accordance with Section XII.15 of the GPCs.
13. Costs of bank transfers and exchange rate fees shall be paid by the Participant.
14. The Organizer reserves the right to increase the price of the event after the conclusion of the agreement, but the price increase is possible only as a direct result of a change:
14.1) the price of passenger transportation resulting from a change in the cost of fuel or other sources of power (applies to the service of transferring the Participant from the airport or transfer center by means of transportation other than an airplane to the place where the Event begins and from the place where the Event ends to the airport or transfer center),
14.2) the amount of taxes or fees on travel services covered by the contract, imposed by entities that are not directly involved in the execution of the Event, including tourist taxes,
14.3) currency exchange rates relevant to the event. The price set in the contract may not be increased during the period of 20 days before the start date of the event.
The Participant on the right to a price reduction corresponding to the reduction of costs referred to in items 1) - 3), which occurred after the conclusion of the Agreement and before the start of the event. Changes in the price of the Event are calculated by:
14.3.1) determining by what percentage, compared to the state on the date of conclusion of the Agreement, the costs indicated in items 1) - 3) have increased or decreased,
14.3.2) calculating the new price taking into account the above determination. The Organizer shall notify the participant in a durable medium, in a clear and understandable manner, of the price change and justify the increase and indicate how it was calculated. In the event of a price reduction, the Organizer may deduct from the refund due to the Participant the actual cost of service. At the request of the Participant, the Organizer will provide proof of the service costs incurred.
15. The Participant who has booked the event may withdraw from the contract for participation in the tourist event at any time before its commencement. In the event of withdrawal from the contract (cancellation of the booking of the Event), the aforementioned Event Participant shall bear the withdrawal fee for participation in the tourist event. The amount of this fee corresponds to the price of the tourist event less the costs saved or proceeds from alternative use of the tourist services in question. The fee is subject to deduction from the payments made by the Participant. If the payments made by the Participant are lower than the cancellation fee for participation in the tourist event, the Organizer may demand a supplementary payment within 14 days from the date of sending this demand to the Participant's e-mail address indicated in the application form. Settlement of the cancellation fee for participation in the tourist event (refund of all or part of the Participant's payment after deductions or request for supplementary payment) shall be made no later than within 14 working days counting from the date of completion of the tourist event to which the cancellation applies. At the request of the Participant, the Organizer shall justify the amount of the withdrawal fee for participation in the tourist event.
16. In the case of a change of reservation made by the Participant, the Organizer shall charge a processing fee of 150 PLN for each person reported in the application form to whom the change applied. Such a change may be made no later than 31 days before the date of commencement of the event. As of the 30th day before the start of the event, any changes reported by the Participant will be treated by the Organizer as a withdrawal from the contract with the consequence of charging the Participant a withdrawal fee for participation in the tourist event in accordance with pt. XII.15 of the GPCs.
17. The price of the event does not include the cost of obtaining a passport, visa, immunizations, additional insurances, and the responsibility for obtaining them rests with the Participant of the event.
18. The minimum number of Participants needed for the event is six participants.
19.The Organizer may terminate the contract for participation in the tourist event and make a full refund to the Participant of the payments made for the event, without additional compensation or redress, if:
19.1) the number of people who have registered to participate in the event is less than the minimum number of people stated in the contract for participation in the tourist event, and the organizer has notified the Participant of the termination of the contract by the date specified in the contract for participation in the tourist event, but no later than:
a) 20 days before the start of an event lasting more than 6 days,
b) 7 days before the start of an event lasting 2-6 days,
c) 48 hours before the start of a tourist event lasting less than 2 days,
19.2) the tour operator cannot fulfill the contract for participation in the tourist event due to unavoidable and extraordinary circumstances and has notified the traveler of the termination of the contract for participation in the tourist event immediately before the beginning of the tourist event. The tour operator shall refund the payments made, within 14 days from the date of termination of the contract for participation in the tourist event. The provision of Article 47 (2) shall apply accordingly.
19.3) The tour Organizer cannot fulfill the contract for participation in the tourist event due to unavoidable and extraordinary circumstances and has notified the Participant of the termination of the contract for participation in the tourist event immediately prior to the commencement of the event Art. 47 (5) (2) THE ACT of November 24, 2017 on tourist events and related tourist services, THE ACT of March 2, 2020 on special solutions related to the prevention, prevention and combating of COVID-19, other infectious diseases and crisis situations caused by them Art. 15k item 1.
20. The Organizer recommends that the Participants refrain from making ticket reservations for travel to and from the place of commencement and completion of the event until the final confirmation of the number of Participants of the event and the absence of obstacles to o organization of the event by the Organizer (in particular, restrictions caused by the situation of the Covid-19 pandemic, political conditions, etc. restrictions beyond the control of the Organizer). The Organizer is not responsible for changes in the carrier's flight schedules, flight cancellation, flight standard. The Organizer recommends that the Participant purchase flight insurance.
21. The flight ticket purchased by the Participant of the tourist event is a form of choice of means of transport to the place of departure of the tourist event and is not a part of the tourist event.
22. The Organizer shall not refund the price of the event paid by the Participant and the costs related to the Participant's transportation if the Participant is excluded from the event in accordance with the terms and conditions set forth in the GPCs;
23. In case the Participant is not able to participate in the event due to the malfunction of the Organizer's equipment, the Organizer shall refund to the Participant a proportional part of the event price. The above does not apply to the malfunction of the Organizer's equipment caused by its damage as a result of improper operation of the equipment by the Participant contrary to the law and safety conditions, or its damage by third parties.
24. The Organizer recommends that the Participant purchase on his own additional insurance against cancellation of participation in the event.
25. The Participant using the Organizer's equipment is required to pay a security deposit. Its amount is determined by the provisions of the GLCs.
XIII. CLAIMS TO WHICH THE PARTICIPANT IS ENTITLED
1. The Participant may file a written complaint to the Organizer regarding the execution of the Event. Complaints should be sent to the Organizer's address by registered mail. The Organizer shall consider complaints within 30 days of their delivery. The aforementioned deadline is considered to have been met if information on the manner of consideration of the complaint is sent to the participant by registered mail on the last day of the deadline.
2. The participant shall be entitled to a price reduction for each period during which the nonconformity was found, unless it was caused by the sole act or omission of the participant.
3. The participant shall be entitled to compensation or redress for damages or harm suffered as a result of nonconformity. The Organizer shall promptly pay the compensation or redress.
4. The Participant shall not be entitled to compensation or redress for non-compliance if the Organizer proves that:
a. the Participant is at fault for the non-compliance;
b. the non-conformity is the fault of a third party, not connected with the performance of the tourist services covered by the contract for participation in the tourist event, and the non-conformity could not have been foreseen or avoided;
c. the non-compliance was caused by unavoidable and extraordinary circumstances.
5. Claims referred to in paragraphs (1) and (2) shall become time-barred after 3 years.
6. If special provisions limit the scope or conditions under which compensation or indemnity is paid by the provider of travel services that are part of the tourist event, the same limitations shall apply to the Organizer.
7. The Organizer's liability for non-performance or improper performance of services during the Event is limited by the rates of the Frankfurt Table. This limitation does not apply to personal injury or damage caused intentionally or negligently.
8. The price reduction referred to in paragraph (1), compensation or indemnity referred to in paragraph (2) shall be reduced accordingly if the traveler takes advantage of the price reduction or indemnity referred to in Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding or of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91 (Official Journal of the EU L 46 of 17. 02.2004, p. 1), Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 concerning the rights and obligations of rail passengers (OJ EU L 315 of 03.12.2007, p. 14), Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009. on the liability of passenger carriers on maritime waterways in the event of accidents (Official Journal of the EU L 131, 28.05.2009, p. 24), Regulation (EU) No. 1177/2010 and Regulation (EU) No. 181/2011, or other regulations.
XIV. FINAL PROVISIONS
1. In matters not covered by these General Terms and Conditions of Participation, the relevant provisions of the Civil Code, the Law on Tourist Events and Related Travel Services and other provisions relating to consumer protection shall apply.
2. Any disputes shall be settled amicably, and in case of failure to reach an agreement shall be settled by the court having jurisdiction over the Organizer's seat.
* applies to destinations Thailand, Colombia and New Zealand.
These provisions of the GPCs are effective as of 01.03.2022 and apply only to valid bookings made on or after 01.03.2022.
