TERMS AND CONDITIONS
XperiencePoland.com brand is part of XPERIENCE Sp. z o.o. sp. k. (Limited partnership) registered at Malborska 3/76, 03-286 Warsaw Poland, Tax Identification Number NIP: 5892026513, REGON: 365146488 and we look forward to the opportunity to act as your tour organiser for your travel needs in Poland. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms “we”, “us” and “our” refer to XPERIENCE Sp. z o.o. sp.k.. The term “you” refers to the customer visiting our website, booking a reservation through us or otherwise using our services.
Products and Suppliers
We sell our own services which are events fully organized by us. As the other part of our operations, we also sell a variety of travel-related products from different suppliers and service providers (“Suppliers”). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.xperiencepoland.com.
XPERIENCE Sp. z o.o. sp. k. is acting as a tour operator for products and services that are not always directly supplied by us (e.g., air carriage and ground transportation, meals, tours, cruises, etc.).
Deposits and Payment
Any deposits from you are non-refundable unless agreed differently throughout the booking process. The payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive required partial or full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon the provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers.
Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.
Cancellations and Changes
You are entitled to cancel your tour not later than 10 business days prior to the start of your tour and claim back a full refund (10% cancelation fee applies) or a voucher of 100% the amount paid to use towards an alternative tour valid for a year after the cancelation date. If you cancel the tour between 10 and 5 business days of the tour date are refunded 50% of the paid amount. Cancellations can only be made via email to the address email@example.com. The funds are returned through the same payment method used for the booking 7 days prior to the canceled tour. After that time, we give ourselves the right to keep the part of your deposit which was already used in the preparations of your tour.
Update for cancelations made due to Covid-19
If activities you have booked were canceled due to the Covid-19 restrictions in Poland, you are entitled to a credit voucher, rescheduling the trip, or a refund which will be processed within 180 days from the date of receipt of the refund claim. This update complies with the Polish law (Act of 21 March 2020 amending the Act on special solutions related to the prevention, prevention, and eradication of COVID-19, other infectious diseases and crisis situations caused by them, as well as some other acts. Art. 15zq.1 and Art. 15k. 1).
The refunds will be processed according to the travel date and the cancelation fee is not applied in this case. All credit vouchers issued from May 1st, 2020 are valid until December 30th, 2021.
If there are no restrictions announced that would affect your trip, we ask you to withhold your contact with us and wait for more information that will be available closer to your travel date or in any other case request a cancelation on regular terms.
If the activity did not fulfill the conditions agreed in the offer or advertised on the website, you are entitled to claim back up to 100% of the deposit paid.
If you will not show up without any notice, we give ourselves the right to claim the full payment of your tour.
Your Acceptance of these Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use (especially in term of legal drinking age which in Poland is 18 yo), (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
If You Change Your Booking
Where a change requested by you to your travel arrangements is permitted and possible, we will do our best to avoid extra fees for such changes. However, if the requested change requires extra effort and incurs costs, we give ourselves the right to charge you accordingly.
If You Cancel Your Booking
If you cancel your arrangements, you may be entitled to a partial refund. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as may be outlined on your receipt or booking confirmation.
Refunds will only be paid to you once we have received the funds back from the Supplier.
If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
If You Have A Complaint
If you have a problem during your holiday, please inform the relevant Supplier immediately. Should they be unable to resolve the matter, please immediately contact us either through e-mail … or phone …. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement.
Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.
Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any “robot”, “spider” or other automated or manual device or program, (b) deep link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
Warranties, Disclaimers and Limitation of Liability
While XPERIENCE Sp. z o.o. sp. k. tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). XPERIENCE Sp. z o.o. sp. k. may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. XPERIENCE Sp. z o.o. sp. k. may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. XPERIENCE Sp. z o.o. sp. k. does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, XPERIENCE Sp. z o.o. sp. k. does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
Limitation of liability
XPERIENCE Sp. z o.o. sp. k. excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at www.xperiencepoland.com from time to time to review the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
This Agreement shall be governed by the laws of the Republic of Poland. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.