GENERAL TERMS AND CONDITIONS OF PARTICIPATION IN A TOURIST EVENT
§ 1 GENERAL PROVISIONS
- These General Terms and Conditions of Participation constitute a set of rights and obligations concerning both the Organizer and the Participants. The Participant agrees to them upon signing the contract with the Organizer. They apply to any matter not regulated in the contract and form its integral part.
- Each Participant is obliged to familiarize themselves with these GTCP.
- The Organizer has designated an electronic contact point intended for direct communication with the authorities of the Member States, the Commission, the Digital Services Council: [[email protected]](mailto:[email protected]). The same contact point may be used by any Participant for direct and quick communication with the Organizer. The Organizer may also be contacted in writing, at its address: ul. Brzozowa 12, 07-202 Kamieńczyk, via its social media channels (Facebook, Instagram), via the contact form available on its website, as well as at the following phone numbers: +48789086459 or +212645020842 (charge as for a regular phone call, according to the tariff package of the service provider used by the Participant). Communication may be conducted in Polish or English.
- Definitions:
1) TOURIST EVENT – at least two tourist services covered by a common program and price and lasting more than one day, which meet the following conditions:
a) have been combined by one tourism entrepreneur into a complete travel package,
b) regardless of entering into separate contracts with suppliers of individual tourist services, these services are:
- purchased at one point of sale and were selected before the Participant agreed to make payment, or
- offered or sold at a price including all services or at a total price, or when the Participant is charged with one of these prices, or
- advertised or sold using the term “tourist event” or similar, or
- combined after the conclusion of a contract under which the Participant was entitled to choose among various types of tourist services, or
- purchased from separate tourism entrepreneurs through linked online booking processes, during which the tourism entrepreneur with whom the first contract was concluded transmits to another tourism entrepreneur or entrepreneurs: the traveler’s name and surname, email address, and payment details, and a contract with this other tourism entrepreneur or entrepreneurs is concluded no later than 24 hours after confirmation of the booking of the first tourist service.
2) GTCP – these General Terms and Conditions of Participation in Tourist Events organized by the Organizer.
3) ORGANIZER – Agata Orowiecka-Khidouma, conducting business under the company name DESERT STORIES AGATA OROWIECKA-KHIDOUMA, entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economy, with registered office: ul. Brzozowa 12, 07-202 Kamieńczyk, NIP: 5222608213, REGON: 542272078, and entered in the register of tour operators under registration number: 2970 and entry number: 42903, by the Marshal of the Masovian Voivodeship.
4) NON-CONFORMITY — failure to perform or improper performance of tourist services covered by the Tourist Event.
5) PARTICIPANT – a natural person of legal age with full legal capacity, a legal person, or a group of persons who has concluded a Contract with the Organizer. The Participant may also conclude a contract with the Organizer on behalf of third parties, after obtaining their prior consent or power of attorney.
6) COMMENCEMENT OF THE TOURIST EVENT – commencement of the performance of tourist services within the same Tourist Event.
7) CONTRACT — a contract for participation in a Tourist Event, concluded between the Organizer of the Tourist Event and the person (or group of persons) who agrees to participate in a specified Tourist Event. The Organizer of the Tourist Event undertakes to provide specified tourist services, such as transport, accommodation, meals, sightseeing, etc., in accordance with the conditions specified in the contract.
8) TOURIST SERVICE – a service provided under a Contract concluded with the Organizer, which includes, among others:
- passenger transport,
- accommodation for purposes other than residential, which is not an inherent part of passenger transport,
- car rental or rental of other motor vehicles,
- other services provided to travelers which do not constitute an integral part of the services indicated above.
- Tourist packages posted on the Organizer’s website or social media constitute an invitation to conclude a Contract within the meaning of Article 71 of the Civil Code.
- A Contract may only be concluded with persons of legal age and with full legal capacity.
- Any wishes or requests of the Participant which are not included in the Contract must be confirmed by the Organizer. The confirmation must be in written or electronic form. In the absence of such confirmation, the Organizer reserves the right to refuse to fulfill additional requests or wishes of the Participant, unless they concern the proper performance of the Contract.
- The Participant is obliged to check each time the conformity of the contents of the documents sent with the contents of the Contract and to immediately inform the Organizer of any detected discrepancies or errors.
- In order to secure potential claims, the Organizer declares that it regularly pays the required contributions to the Tourist Guarantee Fund, in accordance with Article 7(2) of the Tourism Act. The procedure for claiming payment from the TGF is specified in Chapter 2 of the Tourism Act.
- The Organizer ensures that every Participant bound by a contract for participation in a tourist event is subject to a contribution to the Tourist Assistance Fund (TAF). The purpose is to protect clients through the possibility of reimbursement of payments for tourist events that have not been or will not be carried out due to unavoidable and extraordinary circumstances announced or occurring in Poland or at the place of the event, in accordance with Article 4 point 15 of the Tourism Act.
- The Organizer holds an insurance guarantee in connection with the activities performed by tour operators or entrepreneurs facilitating the acquisition of linked tourist services. Policy number M 530548, document dated 31-07-2025. Insurer: Signal Iduna. Policy amount: PLN 384,012.00 (EUR 90,000.00).
- Participants of tourist events organized by the Organizer are covered by an insurance policy within the insurance company indicated above. The basic insurance variant covers treatment and transport to the country, rescue costs, and accident insurance. The basic insurance variant does not cover, among others, consequences of chronic diseases, epidemics, amateur sports, as well as events occurring under the influence of alcohol.
§ 2 RIGHTS AND OBLIGATIONS OF THE PARTICIPANT
- The Participant is obliged to comply with all provisions of the law. This applies both to national law as well as to local regulations in force at the place where the Tourist Event takes place. The Organizer is not responsible for violations of the law by the Participant.
- The Participant is obliged to observe and follow all orders and recommendations of the Organizer.
- All necessary fees at the place where the Tourist Event takes place must be settled by the Participant. The Participant will be informed in advance by the Organizer of any additional fees before the commencement of the Tourist Event.
- After the commencement of the Tourist Event, the Participant is obliged to be in physical possession of all documents necessary and indicated to them by the Organizer. The Organizer is not responsible for any complications and problems resulting from the Participant’s lack of possession of the necessary and indicated documents.
- The Participant has the right to receive a refund of incurred costs in the event that they did not take part in all or part of the Tourist Event, for reasons beyond their or the Organizer’s control. The refund will be reduced by the costs of purchasing services from business partners by the Organizer.
- In a situation in which the Organizer, for reasons beyond their control, is not able to properly perform the services included in the Contract, they undertake to perform an identical service, and if that is impossible, the most similar service, after prior consultation with the Participant regarding the form, conditions, and date of performance of the substitute Service. The Organizer ensures that the substitute Service will have a value similar to that originally purchased, and if this is not possible, the Participant will be entitled to an appropriate reduction in price.
- The Participant has the right to conclude a Contract with the Organizer of the Tourist Event on behalf of third parties. In such a situation, they undertake to represent and keep the other members of the group regularly informed, among others, about the conditions of the Contract and essential information contained therein, provided by the Organizer, such as:
- All basic information concerning the Contract and the purchased Services,
- The possibility of the Participant terminating the Contract with the Organizer at any time before the commencement of the Tourist Event and without giving a reason. Such a decision entails the obligation for the Participant to pay the fee contained in these GTCP,
- Information concerning the necessity of possessing necessary documents such as identity card, passport, visa, vaccination certificates, or concerning specific laws or customs in force at the location.
- The Participant and the persons on whose behalf they conclude a Contract with the Organizer are obliged to comply with these GTCP.
- The Participant concluding a Contract with the Organizer on behalf of third parties is obliged to verify and confirm their personal data. They are also obliged to inform the Organizer of any changes to such data. All these actions must take place before concluding the Contract with the Organizer in electronic form (e-mail, Organizer’s social media messengers).
- The Participant concluding a Contract on behalf of third parties undertakes to regularly represent and forward to those persons all information and notifications from the Organizer.
- Failure of the Participant to be present at the Tourist Event without formally notifying withdrawal from participation does not release them from the obligation to pay 100% of the price of participation in the Tourist Event and does not entitle them to a refund of any amounts paid. The conditions of deductions in the event of withdrawal result from the Contract.
- The Participant concluding a Contract with the Organizer and paying for the Tourist Event in their own name may designate another person in their place only after prior notification of this fact to the Organizer at least 7 days before the commencement of the Tourist Event.
- The Participant must possess travel documents and a valid identity document throughout the entire duration of the Tourist Event, keeping them in electronic form on a portable device, or as a physical document, or as a printout. The Organizer is not responsible for the absence of these documents.
- The Participant undertakes to comply with the sanitary rules in force during the Tourist Event, including decisions of state authorities related to the Participant’s health, such as quarantine, examinations, or treatment.
- The Participant declares that they have no contraindications and that their state of health allows them to take part in the Tourist Event. If the Participant’s state of health prevents them from continuing the trip, they will be obliged to return to the country at their own expense – however, the Organizer will provide them with all necessary assistance in this respect. In such a case, the Participant is not entitled to a refund of the costs incurred for participation in the Tourist Event.
- The Participant is obliged to comply with all instructions and organizational recommendations of the Organizer’s representatives necessary for the implementation of the program of the Tourist Event, in particular those concerning transport to/from the destination, stay at the accommodation facility, as well as the place and times of meetings.
§ 3 RIGHTS AND OBLIGATIONS OF THE ORGANIZER
- The Organizer is obliged to conduct the Tourist Event in accordance with the Contract.
- The Participant shall receive from the Organizer, before concluding the Contract and in documentary form, all parameters regarding the tourist services as well as all other information necessary to participate in the Tourist Event.
- The Organizer shall provide the Participant with all necessary documents and permits (including confirmations, tickets, vouchers) required for the proper conduct of the Tourist Event before or during its duration. Alternatively, before the commencement of the Tourist Event, the Participant shall be informed and receive assistance in obtaining them (e.g., tourist visas – if necessary).
- The Participant shall receive from the Organizer all necessary information concerning current regulations regarding documentation (passport, identity card, visa) in the country of the Tourist Event. Alternatively, before the commencement of the Tourist Event, the Participant shall be informed and receive assistance in obtaining them.
- The Participant shall receive from the Organizer all necessary information concerning current sanitary and health regulations in the country of the Tourist Event.
- A Participant who finds themselves in a difficult situation shall receive necessary and immediate assistance from the Organizer.
- In the event that the Participant’s difficult situation arose due to the Participant’s fault, the Organizer has the right to demand adequate compensation from the Participant for the assistance provided. This may not exceed the actual costs incurred by the Organizer.
- The Organizer is not responsible for changes of date, cancellations of reservations, or services forming part of the Tourist Event, if these are beyond their control. In such a case, the costs incurred by the Participant shall be promptly refunded to them, or they shall have the option of transferring them towards participation in the Tourist Event on a new date.
- The Organizer is not responsible for situations related to flights to the Tourist Event, such as cancellations, changes of flight dates, or delays, as a result of which the Participant is unable to take part in the Tourist Event.
- The Organizer is not responsible for the Participant’s inability to attend the Tourist Event due to health reasons.
- The Organizer is not responsible for the Participant’s conduct during the Tourist Event and its consequences (such as, among others, intoxication with alcohol, possession of alcohol/drugs, etc.) or for their violation of the law of the place where the event takes place, and does not bear any related costs.
- The Organizer has the right to refuse to admit the Participant to the Tourist Event before its commencement if it is found that the Participant appeared at the meeting point under the influence of alcohol, drugs, or other intoxicants and their participation poses, or may pose, a threat to the conduct of the Tourist Event. In such a case, the Participant is not entitled to a refund of the cost of the Tourist Event.
- The Organizer is not responsible for any damage to property or person incurred by the Participant during the Tourist Event or while using accommodation.
- The Organizer does not cover the costs of tests, vaccinations, examinations, and other procedures introduced by the authorities of the countries concerned by the Tourist Event, which are beyond the Organizer’s control. Any such costs shall be borne by the Participant.
- The Organizer is not responsible for possible infection of the Participant with an infectious disease during the Tourist Event, particularly from other Participants. The Organizer is not obliged to pay damages or compensation in such a case, including covering the costs of travel, quarantine, examinations, treatment of the Participant, changes in the length of stay in another country/place, refund of the price of the Tourist Event, etc.
- The Organizer is not responsible for the Participant’s inability to participate in the Tourist Event due to their failure to comply with sanitary requirements during its duration, including refusal to undergo sanitary procedures or for bearing the related costs.
- The Participant is entitled to damages or compensation for losses or harm suffered as a result of non-conformity of the conduct of the Tourist Event with the concluded contract. The Organizer shall promptly pay such damages or compensation.
- Damages or compensation for non-conformity of the conduct of the Tourist Event with the concluded contract is not due if the Organizer proves that:
- the fault for the non-conformity lies with the Participant;
- the fault for the non-conformity lies with a third party not connected with the conduct of the Tourist Event, and the non-conformity could not have been foreseen or avoided;
- the non-conformity was caused by unavoidable and extraordinary circumstances.
- The Organizer further indicates that such damages or compensation may amount to a maximum of twice the total price of the Tourist Event, unless it concerns damage to a person or damage caused intentionally or as a result of negligence.
§ 4 ORGANIZER’S OFFER
- Access to the current list of all available trips, Tourist Events, and other services of the Organizer can be found on the Organizer’s website or through the Organizer’s social media channels.
- The Organizer reserves the right to make ongoing corrections to the list of Tourist Events and trips, resulting from changes concerning prices (airline tickets, hotels, flights, local transport) as well as changes in arrangements with the Organizer’s business partners.
- In the event that the number of places for a given Tourist Event is limited, this information will be included in the description of the Tourist Event and will be confirmed by the Organizer each time before signing the Contract with the Participant.
- The Organizer has the right to change the terms of performance of the Contract concluded with the Participant, in particular if it concerns changes in prices (tickets, hotels, transport) or the dates of the Tourist Event. In such a case, the Organizer shall promptly inform the Participant of the changes, with the Participant having the right to withdraw from the Contract (up to the commencement of the Tourist Event).
- The Organizer claims the right to determine the minimum number of Participants required for the provision of the trip service for a given Tourist Event. Information regarding the minimum number of Participants will be available on the Organizer’s profile on social media. In the event that the minimum number of Participants is not reached, the Organizer shall refund the amounts paid by the Participants or allow them to register for the next available trip date, according to their choice.
§ 5 BOOKING PROCESS AND PAYMENT TERMS
- In order to reserve a place within the selected Tourist Event and subsequently participate in it (concluding the contract), the Participant is obliged to pay a deposit in the amount indicated in the e-mail sent by the Organizer after selecting a specific Tourist Event, to the Organizer’s account, and to provide their personal data and other necessary information required by the Organizer (including data of persons also reserved as Participants for whom they are responsible – if applicable).
- By making a reservation, the Participant does so also on behalf of all persons listed in the form. They assume responsibility for paying the full amount and for informing those persons of all details regarding the terms of the reservation and the obligations arising therefrom. The Participant authorizes all adult persons listed in the reservation to perform all actions related to the Contract and the Tourist Event, including withdrawal and acceptance of refunds due.
- The moment of establishing a contractual relationship is considered to be the moment the funds are credited to the Organizer’s bank account.
- The Organizer is not responsible for the Participant’s ability to take part in the Tourist Event if the Participant independently purchases transport tickets (air, bus, train) before receiving confirmation of the reservation from the Organizer.
- The cost of the Tourist Event includes all fees and taxes. This applies to all registered Participants. The Participant will be informed of any additional fees before concluding the Contract.
- The Organizer reserves the right to change the total cost of the Tourist Event as well as the cost of its individual components in the following cases:
- change in the amount of taxes or local fees beyond the Organizer’s control, including tourist taxes and airport fees
- change in exchange rates significantly affecting the costs of organizing a specific Tourist Event,
- change in fuel costs affecting passenger transport prices.
- In the event of a change in the cost of the Tourist Event, the Organizer shall promptly notify the Participant in documentary form of the price change, along with justification for the increase and the method of its calculation, no later than 21 days before the commencement of the Tourist Event. In case of non-acceptance of the new terms, the Participant has the right to withdraw from the contract with a refund of the amounts paid.
- If the price of the Tourist Event was quoted in a currency other than Polish zloty (PLN), the Organizer reserves the right to convert the price of the Tourist Event into Polish zloty (PLN) at the current exchange rate published by the National Bank of Poland (NBP) on the day of concluding the contract, if deemed appropriate. The Participant will be informed of the final amount to be paid in Polish zloty (PLN) based on the currency conversion. Costs associated with currency conversion and any exchange rate differences shall be borne by the Participant.
- The prices of Tourist Events are determined based on applicable prices, fees, tariffs, and exchange rates. The price of the Tourist Event does not include the cost of obtaining a passport, tourist visas, vaccinations, laboratory or medical tests, or additional insurance. Responsibility for obtaining these (including covering the costs) rests with the Participant.
- The remaining part of the payment for the Tourist Event must be paid as follows:
- First installment — by the date indicated in the e-mail from the Organizer confirming the reservation (but no later than 2 months before the commencement of the Tourist Event),
- Second installment — no later than 1 month before the commencement of the Tourist Event.
§ 6 CHANGES AND WITHDRAWAL FROM THE CONTRACT
- If the Organizer, before the commencement of the Tourist Event, is forced, due to reasons beyond their control, to change essential terms of the contract with the Participant, they shall immediately notify the Participant. In such a case, the Participant should promptly inform the Organizer whether:
- they accept the proposed change to the contract, or
- they withdraw from the contract with immediate refund of all amounts paid.
- The Participant should inform the Organizer of their withdrawal or acceptance of the amended contract terms within 3 days of receiving information about the changes, but no later than 24 hours before the commencement of the Tourist Event.
- Introducing changes to the reservation is possible up to 7 business days before the date of the Tourist Event. Such changes may entail an increase in the price of the Tourist Event.
- All changes to the Contract must be submitted in writing or electronically to the Organizer’s address.
- The Organizer reserves the right to withdraw from the contract up to the commencement of the Tourist Event, or from services, if their performance is difficult or dangerous due to reasons beyond the Organizer’s control. The Organizer has the right to withdraw from the contract in the event of force majeure, natural disasters, states of war, etc. In such cases, the Participant shall receive a full refund of the paid amount.
- The Organizer declares that it does not specialize in organizing trips for persons with disabilities or persons with other special needs but makes every effort to meet all special requirements of Participants. In such a case, the Organizer stipulates that such requirements must be reported by the Participant at the time of booking. The Organizer reserves the right to cancel the reservation or refuse to accept a complaint if it was not informed of the Participant’s special needs before the booking.
- The Participant may withdraw from the contract at any time before the day of the Tourist Event. Withdrawal from the Contract must be submitted in documentary form. In such a case, the Participant is obliged to pay the Organizer a withdrawal fee from participation, the amount of which is:
- 60% of the paid amount for withdrawal up to 30 days before the commencement of the Tourist Event,
- 75% of the paid amount for withdrawal 30–14 days before the commencement of the Tourist Event,
- 85% of the paid amount for withdrawal 14–8 days before the commencement of the Tourist Event,
- 100% of the paid amount for withdrawal less than 8 days before the commencement of the Tourist Event.
§ 7 COMPLAINTS
- The Organizer is responsible for the proper performance of tourist services in accordance with the concluded contract. In the event of non-performance or improper performance of tourist services, the Organizer is liable in accordance with the provisions of the tourism law and under the Civil Code.
- The Organizer undertakes to provide all assistance to a Participant who finds themselves in a difficult situation, including providing information regarding healthcare, local authorities, and consular assistance, as well as enabling the use of remote communication means and providing any substitute services.
- The Organizer may charge a fee for assistance only if the Participant’s difficult situation results from their intentional actions or gross negligence. If the Participant’s difficult situation arises from their intentional actions or gross negligence, the Organizer may demand a fee for the assistance provided, but this amount may not exceed the actual costs incurred by them.
- If the Participant identifies non-conformity in the service provided by the Organizer, they have the right to submit a complaint, unless the Organizer proves that:
a) the Participant is at fault for the non-conformity,
b) a third party, not connected with the provision of tourist services under the Contract, is at fault for the non-conformity, and the non-conformity could not have been foreseen or avoided,
c) the non-conformity was caused by force majeure. - If the Participant identifies a non-conformity during the Tourist Event, they are obliged to immediately inform the Organizer or their representative present during the Event. The Organizer should be notified of such a fact electronically via the Organizer’s e-mail address or by telephone.
- The complaint should include the name and contact details of the Participant submitting the complaint, as well as an indication of the non-conformity and the Participant’s requests regarding the resolution of the complaint.
- A complaint may also be submitted within 30 days of returning from the Tourist Event.
- The Organizer undertakes to review the complaint within 14 days and inform the Participant of the outcome. In the event the complaint is upheld, the Organizer shall present the Participant with a compensation proposal, including a refund of the amounts paid.
§ 8 FINAL PROVISIONS
- All matters not covered in these GTC shall be subject to the relevant laws in force in Poland.
- All disputes arising between the Participant and the Organizer from the provision of services shall first be analyzed, considered, and resolved via contact to the Organizer’s e-mail address, via private messages on the Organizer’s social media accounts, or in the form of a written complaint to the Organizer’s postal address. If no agreement is reached in amicable proceedings, disputes shall be resolved by the competent common courts.
- In case of discrepancies between the provisions of the GTC and the provisions of the Contract, the provisions of the Contract shall apply.
- In the event of a dispute between the Organizer and the Participant regarding the justification for refusing to consider a complaint, a Participant who is a Consumer has the right to use out-of-court methods of complaint resolution and claims enforcement. The Participant may use mediation or arbitration by submitting the appropriate form – a request for mediation or a request for arbitration – to the institution before which the proceedings will take place. A list of example institutions with contact details is available at [www.uokik.gov.pl](http://www.uokik.gov.pl).
- These GTC have been drawn up in Polish and may subsequently be translated. In the event of any discrepancies between the translation and the original version, the Polish version shall always be the authoritative and binding version.