These are the terms and conditions which apply to all tours offered by Wild Poland. Please read them carefully as by booking your holiday with Wild Poland you will be bound by them.
In these Booking Conditions, ‘you’ and ‘your’ mean all persons named on the booking (including anyone who is added or substituted at a later date). ‘We’, ‘us’, ’our’ and ‘Company’ mean Wild Poland.
1. Your tour contract
Wild Poland is a special interest wildlife watching and adventure travel company started in 2009. On booking you are entering a contract with Wild Poland S.C. Łukasz Mazurek, Tomasz Jezierczuk, ul. Chłodna 64, 00-872 Warsaw, Poland. This agreement is to be interpreted and enforced only in accordance with Polish law.
When booking tours, accommodation and transport at Wild Poland, you will receive a booking confirmation with a booking number. This confirmation is your agreement with Wild Poland and includes the products, services, dates and terms that you have agreed with Wild Poland. Please note that your booking is not guaranteed until you receive the mentioned confirmation from us. These will be sent to you in a separate email.
You must be at least 18 years of age to book/enter an agreement with Wild Poland.
2. Booking and payment for your tour
To secure a booking, we must receive payment of the deposit of the tour (or full payment if booking within 30 days of the start of your tour). The applicable deposit per person is never higher than 30% of the total tour price per person and is quoted at the time of booking. All clients (including anyone who is added or substituted at a later date), whether booking via our website, by e-mail or by any other means, will be deemed to have agreed to the following four conditions:
- They have read and accepted our booking conditions and information pages contained on our website.
- They appreciate and accept the risks involved in adventure travel.
- They do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the given tour. If any person suffers from any medical condition or disability which will or may affect their tour arrangements, please contact us before making your booking to discuss your requirements.
A booking is accepted and becomes definite only from the date when we send you a booking confirmation email. It is at this point that a contract between us comes into existence. Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease holiday prices. We will communicate with you by e-mail. You must therefore check your e-mails on a regular basis. We may also contact you by telephone if we cannot, for whatever reason, contact you by e-mail. It is your responsibility to ensure we have up to date contact information for you at all times.
The balance of the holiday is due for payment three weeks (21 days) prior to departure. You will be sent a payment request from Wild Poland not later than four weeks before departure reminding you of this. If the balance remains unpaid after this date we reserve the right to cancel your booking and retain the deposit you have paid.
Deposit and balance payments must be made in the same currency and sufficient payment should be sent to ensure we receive the total invoiced price as guaranteed. You can pay by debit/credit card. We accept Visa and Mastercard.
References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by e-mail if you need to do so for any of the reasons mentioned in these booking conditions.
3. If you change or transfer your booking
A confirmed group tour departure booking can be changed or transferred free of charge to a different departure date or tour, up to 30 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the cancellation charges below. Changes are subject to availability and are limited to one transfer during the lifetime of your booking. No cash refund will be provided if the deposit fee of the new booking is less than the deposit fee of the booking you are changing from.
If you or any member of your party is prevented from travelling, in circumstances which we consider reasonable, that person(s) may transfer their place to someone else, subject to the following conditions:
- That person is introduced by you and satisfies all the conditions applicable to the holiday;
- We are notified not less than 7 days before departure;
- You pay any outstanding balance payment, an amendment fee of PLN 200 per person transferring, as well as any additional fees, charges or other costs arising from the transfer.
- The transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
4. If you cancel your booking
Should you wish to cancel, cancellation charges will be imposed. These are calculated from the day written or verbal notification is received by us as a percentage of the total tour price per person cancelling. The cancellation charges are based on estimated losses and are calculated on a sliding scale as follows:
- Prior to 21 days before date of departure – loss of deposit
- Between 21-15 days before date of departure – max. 50% total tour cost
- Between 14-8 days before date of departure – max. 75% total tour cost
- 7 days or less before date of departure – max. 100% total tour cost
We strongly recommend that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of your insurance policy. In the event of the cancellation of a booking where you are liable to pay to us cancellation charges in excess of the amount already paid to us at the time of cancellation, you cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining members of your party.
5. Passports, Visas and vaccinations
It is the responsibility of each passenger to ensure they have a passport valid for 6 months beyond the end of the tour and any applicable visa/s plus any compulsory vaccination certificates. Any information we give about these matters or related items (climate, clothing, baggage, personal gear etc) is given in good faith but without responsibility on our part. If your failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
You and your belongings are at all times solely at your own risk. All participants must be covered by insurance before setting out on tour with Wild Poland, preferably from the time of booking. This must cover you fully against the cost of cancellation by you, medical care, injury, death, repatriation, and must cover you against the cost of helicopter air evacuation should sickness or injury necessitate such a course of action. Please read your policy carefully and take it with you on holiday. It is your responsibility to ensure the insurance cover you purchase is suitable and adequate for the activities included in your tour and for your needs. We do not check insurance policies.
Limited liability insurance is held by Wild Poland. You acknowledge and accept that there may be no policy covering our liability to you for death, injury, damage or loss. You should also note that passenger liability insurance covering the vehicles that we use, may be inadequate. It is therefore important that your insurance cover makes sufficient provision for your dependants in the event of an accident. Although Wild Poland holds various insurances this booking condition states that you must assume you are not covered by any Company insurance policy, including all liability insurance, for death, injury, damage or any other loss.
7. Holiday Protection
All holidays by Wild Poland are protected by the Mazovian Province (Urząd Marszałkowski Województwa Mazowieckiego, Departament Kultury, Promocji i Turystyki, email@example.com, tel. +48 22 597 95 01, ul. Brechta 3, 02–479 Warszawa) and our tour operator insurance (AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A., ul. Chłodna 51, 00-867 Warszawa, Poland. Insurance guarantee number 04.710.609). In the unlikely event of our insolvency, the Province executives will arrange to refund any money you have paid to us for any future booking.
8. If you have a complaint
You are required to inform us without undue delay, taking into account the circumstances of the case, of any lack of conformity which you perceive during the performance of the travel service included in the package travel contract. In the unlikely event of a complaint about any of your tour arrangements, you must tell both the relevant supplier and our representative (tour leader) at the time. If the problem still cannot be resolved, then please contact our office immediately and maximum within 14 days of the end of the tour, giving your booking reference and all relevant information. It is unlikely that you will have a complaint that cannot be settled amicably between us. If you have not reported any complaints or errors during your stay and therefore neglected to give us the opportunity to correct any mistakes, this may affect your ability to claim compensation.
Disputes relating to your holiday which cannot be amicably settled may, if you wish, be referred to arbitration under alternative dispute resolution (‘ADR’) mechanisms pursuant to Directive 2013/11/EU of the European Parliament and of the Council. You can also access the European Commission Online Dispute Resolution platform (ODR) at http://ec.europa.eu/consumers/odr/.
9. Your obligations as a guest/visitor
On a holiday of this nature it is necessary that you abide by the authority of the Tour Leader. You are liable for all damage or loss that is result of your or your company’s careless behaviour to Wild Poland or our suppliers property. Booking a tour with us signifies your agreement to this, and if you commit any illegal act (including, for example, causing any damage) when on holiday, or you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property or fauna (including the collecting of any specimen from the natural world) we are entitled, without prior notice, to terminate the holiday of the persons concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
If you have any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour and/or making the booking. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs.
You must also promptly advise us if any medical condition or disability which may affect your active participation in your tour or the tour arrangements of any other person in your party develops after your booking has been confirmed.
10. If we cancel or change your tour
While we will do our best to operate all tours as advertised, we reserve the right to change and correct errors in any of the facilities, services or itineraries described on our website at any time before or after your booking is confirmed. Most changes are insignificant. Occasionally, we have to make a significant change. If a significant change has to be made, we will inform you as soon as reasonably possible, if there is time before departure.
A significant change is a change made before departure which we can reasonably expect to have a major effect on your tour. Significant changes include such changes as a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of departure point to one which is significantly more inconvenient for you, and, a major itinerary re-routing.
Please note, a change of any advertised mode of transport, named accommodation and the change of sequence of places and/or sites visited are not significant changes unless otherwise expressly stated.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed arrangements; or
- having a refund of all monies paid; or
- accepting an offer of alternative travel arrangements of comparable or higher standard from us, if available (at no extra cost); or
- if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative booking arrangements.
We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible connecting transport and other arrangements (such as pre or post tour accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your tour.
Please note, except for guaranteed departures, our tours require a minimum number of participants to enable us to operate them. If any tour does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you of cancellation for this reason not less than 4 weeks before the start of your tour. For guaranteed departures, we promise not to make any significant changes once the first booking has been made unless we are forced to do so by force majeure (see clause 11).
Wild Poland reserves the right to change times, prices, payment, booking or discount conditions at any time before your holiday is confirmed. Prices for coming seasons are always preliminary and are subject to change.
We reserve the right to offer any tour in the ‘last minute’ discounted price up to 1 day before the departure.
11. Force majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
12. Our responsibility for your tour
Your booking is accepted on the understanding that you appreciate and accept the possible risks inherent in adventure travel and that you undertake the tours, treks or expeditions featured in our programme at your own volition.
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Directive (EU) 2015/2302, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these booking conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We promise to make sure that the tour arrangements we have agreed to make, perform or provide, as applicable, as part of our contract with you are made, performed or provided with reasonable skill and care. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for suppliers).
No refund will be made for any unused services which are included in the price. Wild Poland shall not be liable for any delays, deviations or omissions from any tour caused by circumstances beyond our reasonable control, nor for any direct or indirect consequences thereto. We shall not be liable to compensate you for associated expenses incurred as a result of you booking.
We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from the acts and/or omissions of you or any members of your party or the acts and/or omissions of a third party not connected with the provision of your tour and which were unavoidable and extraordinary or ‘force majeure’ as defined in clause 11 above.
You are responsible at all times for your own personal possessions and for ensuring their security and safekeeping. Wild Poland has no liability for any lost, damaged or stolen personal possessions and you must ensure you have adequate and appropriate personal travel insurance to protect the same.
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract. Any optional excursions or activities booked during your holiday do not form part of our contract as these are all arranged for you directly by the suppliers concerned. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in your home country. If the particular services which gave rise to the claim or complaint complied with the local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided whether or not they complied with the laws and regulations of your home country.
For all claims which do not involve death or personal injury or personal possessions, if we are found liable to you on any basis, the maximum amount we will have to pay you is the price of the tour paid by or on behalf of the person(s) affected in total to Wild Poland unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your tour and you have been able to prove failure on our part to exercise reasonable skill and care in selecting the suppliers and other third parties responsible for your tour arrangements.
We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you if we are found liable to you on any basis will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question were that claim made against it. Where a carrier or hotelier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question.
Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.
Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
13. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
14. Late bookings
We emphasise the importance of making a booking at the earliest opportunity, because of the small group nature of our tours. For bookings received within 4 weeks of your tour start date, the contract between Wild Poland and the client comes into existence as soon as full payment has been received by us.
15. Website and advertising material accuracy
The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen tour (including the price) with us at the time of booking.
Issue date: 9 May 2019
Wild Poland and WildPoland.com are trading names of:
Wild Poland S.C. Łukasz Mazurek Tomasz Jezierczuk
Chłodna 64, 00-872 Warszawa, Poland
Company number (REGON): 147348686
VAT UE: PL5272717909
Tour operator license: 1543. Issued by Urząd Marszałkowski Województwa Mazowieckiego, Departament Kultury, Promocji i Turystyki, firstname.lastname@example.org, tel. +48 22 597 95 01, ul. Brechta 3, 02–479 Warszawa
Tour operator insurance guarantee: 04.710.609. Issued by AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A., ul. Chłodna 51, 00-867 Warszawa, Poland