Terms and Conditions

Destination Poland

 

Terms & Conditions

 

 

For the purposes of these Terms and Conditions here are given the definitions:

 

 

Destination Poland is a trading name of a tour operator – the business run by Mr. Waldemar Leszczynski who is registered as self employed in the UK with HM Revenue & Customs.

 

Preparation Contractthe agreement linking Tourist and Destination Poland, determining the conditions of the preparation of Tourist’s stay in the territory of Poland.

 

preparation stage – implementation of the arrangements of the Preparation Contract.

 

Travel Contract – the agreement linking Tourist and Destination Poland, applying the Package Travel, Package Holidays and Package Tours Regulations 1992 and implementing the preparation stage.

 

execution stage – implementation of the arrangements of the Travel Contract.

 

Consulting Contract - the agreement linking Customer and Destination Poland, determining the conditions of providing consulting services on Polish tourist attractions and other Poland-related matters.

 

Cooperation Contract - the agreement linking a tour operator or a travel agent and Destination Poland.

 

Tourist – private or legal person acting on behalf of themselves and other people (with their consent) signing the Preparation Contract with Destination Poland and, in case of need, signing the Travel Contract with Destination Poland.

 

Customer - private or legal person acting on behalf of themselves and other people (with their consent) signing the Consulting Contract with Destination Poland.

 

stay – Tourist's physical presence in the territory of Poland within the time specified, having the prior preparation – meaning previously prepared by Destination Poland to the benefit of Tourist and after Tourist’s approval – of tourist services such as accommodation, menu, itinerary, guide services, transport, etc.

 

Destination Poland representative – any person who has been authorized in writing by Mr. Waldemar Leszczyński to act on behalf of Destination Poland or Mr. Waldemar Leszczyński in person.

 

Should there be need to use the term "package" it is "Tourist’s stay in the territory of Poland implementing the arrangements of the Travel Contract and remaining in direct connection with the Preparation Contract."

 

Introduction

 

Article 1

Destination Poland is an internet tour operator, whose offer is addressed to:

- people who need help in planning their unassisted trip to Poland,

- people who wish to visit Poland as tourists,

- people who intend to take advantage of tourist services provided in the territory of Poland,

- tour operators and travel agencies who want to cooperate with Destination Poland.

 

Destination Poland’s address:

available on request

 

 

 

Destination Poland’s e-mail address:

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Destination Poland’s phone numbers:

+48669120389

 

Destination Poland’s bank account:

Mr Waldemar Leszczynski

Lloyds Bank

Sort Code: 30-90-99

Account Number: 15370468

 

Mission

 

Article 2

Destination Poland's mission is:

- presentation of Polish tourist attractions and services,

- providing access to Polish tourist attractions and services in the most convenient and safe way.

Destination Poland presents Polish tourist attractions and provides access to Polish tourist services exclusively upon request.

 

Purpose of activity

 

Article 3

The purpose of Destination Poland’s activity is the preparation of Tourist’s stay in the territory of Poland, paid for by Tourist and reflected in acting to the benefit of Tourist and after Tourist’s approval. In case Tourist decides to sign the Travel Contract with Destination Poland the purpose of Destination Poland’s activity is also the implementation of the arrangements of the Travel Contract, paid for by Tourist and reflected in taking care of Tourist’s stay in the territory of Poland pursuant to Package Travel, Package Holidays and Package Tours Regulations 1992. The purpose of Destination Poland’s activity is also cooperation with other tour operators and travel agencies and providing consulting services on Polish tourist attractions.

 

Scope

 

Article 4

Destination Poland offers its services only in four areas:

1. Destination Poland provides consulting services on Polish tourist attractions. The document regulating relations between Destination Poland and Customer in this option is the Consulting Contract.

2. Destination Poland prepares Tourist’s stay in the territory of Poland. The document regulating relations between Destination Poland and Tourist in this option is the Preparation Contract.

3. Destination Poland prepares Tourist’s stay in the territory of Poland and takes care of Tourist’s stay in the territory of Poland. The documents regulating relations between Destination Poland and Tourist in this option are the Preparation Contract and the Travel Contract.

4. Destination Poland cooperates with other tour operators and travel agencies. The document regulating relations between Destination Poland and a tour operator or a travel agency in this option is the Cooperation Contract.

 

Concluding the Preparation Contract

 

Article 5

Tourist should go either to Pre-Booking Form or Contact which can be found at www.destination-poland.eu and fill in the fields. Optionally, Tourist can use the e-mail address This e-mail address is being protected from spambots. You need JavaScript enabled to view it This will result in Destination Poland corresponding with Tourist via e-mail and this correspondence will be detailing Tourist’s demands and wishes as for prospective Preparation Contract. When Destination Poland and Tourist reach agreement over the substance of the Preparation Contract the documents described below will be sent to Tourist’s mailing address by post:

- 2 copies of the Preparation Contract signed by Destination Poland,

- 2 copies of the Terms and Conditions signed by Destination Poland,

- a copy of HMRC letter confirming Destination Poland's legality,

- other documents required by Tourist, remaining in direct connection with the Preparation Contract.

 

Article 6

The Preparation Contract will indicate the date of launching the preparation stage. Until the 7th day before this date inclusive no costs will be incurred.

 

Article 7

The Preparation Contract will be given the unique number Tourist will be required to use in the e-mail correspondence with Destination Poland, entering this number in the SUBJECT field. Should Tourist wish Destination Poland to take care of Tourist’s stay in the territory of Poland the Travel Contract will be given the same number.

 

Article 8

Tourist will be obliged to sign the Preparation Contract and the Terms and Conditions and send these documents by post to the mailing address indicated in the Preparation Contract. On receipt of these documents Destination Poland will be obliged to launch the preparation stage.

 

Article 9

When it is likely that the Preparation Contract and the Terms and Conditions will not have reached Destination Poland by the date indicated in the Preparation Contract as the date of launching the preparation stage, Destination Poland will launch the preparation stage only on condition that photocopies or scans of the Preparation Contract and the Terms and Conditions are sent to Destination Poland via e-mail and these photocopies or scans have reached Destination Poland by the date indicated in the Preparation Contract as the date of launching the preparation stage. A photocopy or a scan of the receipt confirming sending the Preparation Contract and the Terms and Conditions by post must also be included.

 

Article 10

For technical reasons, a photocopy or a scan of one page of any document should not exceed 500 KB.

 

Article 11

Signing a document means signing each page of the document.

 

Article 12

The preparation stage can be launched also on the basis of the arrangements made via e-mail only – in this case Destination Poland will launch the preparation stage only on condition that the agreed amount of money is paid into Destination Poland’s bank account. The arrangements and the amount of money paid in will be embodied in the Preparation Contract prepared later.

 

Article 13

Destination Poland will refuse to sign the Preparation Contract with Tourist if:

- Destination Poland is not able to do so due to other obligations already taken,

- the length of the preparation stage Tourist agrees to accept is too short either objectively or in relation to Destination Poland’s capability.

 

Article 14

In particular, Tourist should note that:

- launching the preparation stage of the Preparation Contracts connected with qualified forms of tourism in Polish mountains must take place at least 3 months before Tourist’s stay in the territory of Poland,

- launching the preparation stage of the Preparation Contracts connected with qualified forms of tourism in regions other than Polish mountains must take place at least 1 month before Tourist’s stay in the territory of Poland,

- for safety reasons in case of launching the preparation stage of the Preparation Contracts connected with qualified forms of tourism in Polish mountains the accommodation and trails will be selected by Destination Poland.

 

Article 15

Polish mountains are all the areas located 1000 meters (3280 feet) above sea level and higher.

 

Article 16

The status of Destination Poland’s obligations can be checked by going to Availability at www.destination-poland.eu Green colour in the calendar indicates days on which Destination Poland can be hired, red colour with the inscription not available indicate days on which Destination Poland is in the preparation stage or in the execution stage.

 

Cooperation Contracts and Consulting Contracts

 

Article 17

Concluding the Cooperation Contract with a tour operator/travel agent and concluding the Consulting Contract with Customer will be done on individual basis.

 

The preparation stage

 

Article 18

The length of the preparation stage must not exceed Tourist’s length of stay in the territory of Poland. The preparation stage will be determined in the Preparation Contract as follows:

- the date of launching the preparation stage,

- the date of ending the preparation stage,

- the length of the preparation stage resulting from the above, expressed in weeks, or – in case of an incomplete week - in days.

 

Article 19

During the preparation stage Destination Poland will perform factual and legal actions on behalf of and to the benefit of Tourist as follows:

- searching for those suppliers of travel services who best meet Tourist’s requirements and expectations,

- holding talks with the suppliers of travel services and negotiates the terms and conditions of those services,

- checking the legality of the services and the documentation required by law,

- keeping Tourist up-to-date via e-mail with all the arrangements resulting from the negotiations and talks,

- making a photo documentation and sending it immediately to Tourist via e-mail,

- signing agreements with the suppliers of travel services with the consent of Tourist and after Tourist’s approval,

- other actions reflecting Tourist's needs and demands.

 

Article 20

Destination Poland will not inform Tourist about organizing the actions during the preparation stage.

 

Article 21

In case a deposit payment is required by the supplier of travel services Destination Poland will immediately inform Tourist about this requirement, the amount of the payment and the date the payment is due to the supplier’s bank account. Tourist can make the payment on their own or authorize Destination Poland to do this on behalf of Tourist. In such a case Tourist shall transfer the desired amount of money into Destination Poland’s bank account within 48 hours of receipt of the information.

 

Article 22

In case a penalty clause is required by the supplier of travel services Destination Poland will immediately inform Tourist about this requirement, the amount of this penalty and the conditions under which Tourist is liable to the penalty. Tourist can either agree on the clause or withdraw from signing the agreement with a supplier of travel services.

 

Article 23

In case the assistance of a guide is required by Polish law Destination Poland will immediately inform Tourist about this requirement and automatically annex the guide service to the Preparation Contract. At the same time Destination Poland will send Tourist a legal basis for such action.

 

Article 24

In order to enable the preparation stage to be effective Tourist will be obliged to cooperate with Destination Poland. The cooperation means checking the e-mails and, in case of need, replying to the e-mails min. once a day. Failing to do so will constitute Tourist’s consent to actions at the discretion of Destination Poland.

 

Article 25

Destination Poland will send Tourist the full documentation of the actions performed on behalf of and to the benefit of Tourist, and the originals of the agreements with suppliers of travel services. This will mean that the preparation stage has ended.

 

Article 26

Tourist can find the preparation stage invalid only in case when the preparation stage does not meet the requirements of the Preparation Contract or Destination Poland has not sent the documentation related to the Preparation Contract at the latest of 1 day after the date indicated in the Preparation Contract as the date of ending the preparation stage (or, if that day is a holiday, the next working day). In these cases Destination Poland will disclaim the right to remuneration for the preparation stage.

 

Concluding the Travel Contract

 

Article 27

Upon request Destination Poland will take care of Tourist’s stay in the territory of Poland. This requires concluding the Travel Contract.

 

Article 28

Such a request can be presented to Destination Poland while concluding the Preparation Contract – in this case the corresponding notice will appear in the Preparation Contract and Destination Poland will automatically make a time reservation of Tourist’s stay in the territory of Poland.

 

Article 29

Such a request can be presented to Destination Poland at any other moment – in this case, Destination Poland will refuse to sign the Travel Contract with Tourist only if any other Preparation Contract or Travel Contract Destination Poland has already signed (or is signing) and Tourist’s stay in the territory of Poland coincide in time.

 

Article 30

Concluding the Travel Contract cannot take place before ending the preparation stage and is impossible without the preparation stage.

 

Article 31

In case Tourist, whilst signing the Preparation Contract, wishes Destination Poland to take care of Tourist’s stay in the territory of Poland – the documentation related to the Preparation Contract, described in Article 25, will be supplemented with 2 copies of the Travel Contract signed by Destination Poland.

 

Article 32

Tourist will be obliged to sign the Travel Contract and hand it over to Destination Poland representative in the moment of the beginning of Tourist’s stay in the territory of Poland. This moment will be defined in the Travel Contract as the address of a public, open for general use place in the territory of Poland and the time (date and hour) where and when Tourist and Destination Poland representative should meet.

 

Article 33

If the time between ending the preparation stage and the beginning of Tourist’s stay in the territory of Poland is too short (thus understood by Tourist and Destination Poland) to send documents by post Tourist will be obliged to agree to sign the Travel Contract in the territory of Poland. In this case, Destination Poland representative will hand the documents over to Tourist at the time and place described in Article 32.

 

Article 34

Before concluding the Travel Contract Tourist will be provided with the following information:

- general information about passport and visa requirements which apply to British Citizens including information about the length of time it is likely to take to obtain the appropriate passports and visas and information about health formalities required for Tourist’s stay in the territory of Poland,

- information about the possibility of taking out an insurance policy in order to cover the cost of cancellation by Tourist or the cost of assistance, including repatriation, in the event of accident or illness,

- information about medical and accident insurance policy,

- information about specific threats to life and health and the possibility of taking out an appropriate insurance policy - in case of qualified forms of tourism,

- the arrangements for security for the money paid over and for Tourist’s repatriation in the event of Destination Poland’s insolvency,

- information about the costs of all insurance policies Tourist will have to pay for.

 

Article 35

Concluding the Travel Contract means that:

- Destination Poland will take full responsibility for the execution stage,

- Destination Poland will provide Tourist with twenty-four-hour assistance and this assistance will be described in detail in the Travel Contract. Irrespectively of this assistance Tourist can await help within 30 minutes between 8 AM and 8 PM and within 60 minutes between 8 PM and 8 AM.

- Destination Poland will provide Tourist with a written confirmation of having an insurance policy under which the insurer agrees to indemnify Tourist in the event of Destination Poland’s insolvency.

 

Article 36

The Travel Contract is considered to have ended in the moment of the end of Tourist’s stay in the territory of Poland. This moment will be defined in the Travel Contract as the address of a public, open for general use place in the territory of Poland and the time (date and hour) where and when Tourist and Destination Poland representative should part.

 

Article 37

Tourist can find the execution stage invalid only in case when the execution stage does not meet the requirements of the Travel Contract or does not comply with relevant national or international laws. In these cases Destination Poland will disclaim the right to remuneration for the execution stage.

 

Remuneration

 

Article 38

Tourist will be obligated to pay the remuneration for all the factual and legal actions performed by Destination Poland on behalf of and to the benefit of Tourist. These actions will be all careful and effective actions performed during the preparation stage and the execution stage.

 

Article 39

The basis of calculating the remuneration for the preparation stage is the length of that stage, expressed in weeks (1 week = 7 days), in case of an incomplete week - in days, with Article 43 remaining in force. The length of the preparation stage will be indicated in the Preparation Contract.

 

Article 40

The remuneration for the preparation stage is £ 500 per week and £ 71 per day.

 

Article 41

The basis of calculating the remuneration for the execution stage is the total gross value of the travel services, which are the subject of the Travel Contract, with Article 43 remaining in force. The total gross value of travel services will be indicated in the Travel Contract.

 

Article 42

The remuneration for the execution stage is 20% of the total gross value of the travel services, which are the subject of the Travel Contract.

 

Article 43

The remuneration either for the preparation stage or the execution stage cannot be lower than £ 500.

 

Article 44

The financial amounts calculated in accordance with these Terms and Conditions and Tourist’s monetary liabilities (payments) resulting from these amounts will not be altered after the Travel Contract has been concluded.

 

Article 45

Any changes to the terms of the payments for Destination Poland’s services will be published at www.destination-poland.eu min. 3 months in advance.

 

Article 46

The value of the Pound Sterling (GBP) in relation to Polish Zloty (PLN) is established on the basis of the most recent exchange rates data of Post Office at www.postoffice.co.uk (exchange rate – GBP – Sale of PLN) on the day the payment is calculated.

 

Article 47

The remuneration for Destination Poland’s services performed on behalf of and to the benefit of a tour operator/travel agency or Customer will be determined individually.

 

Methods of payments

 

Article 48

For the preparation stage there are the methods of payments as follows:

 

1. paying into Destination Poland’s bank account max. on the 7th day before the date of launching the preparation stage – 100% of the calculated amount of money, which is the remuneration for the preparation stage,

 

or

 

2. paying into Destination Poland’s bank account max. on the 7th day after the date of ending the preparation stage – 100% of the calculated amount of money, which is the remuneration for the preparation stage. This method can be used only if the documents described in Article 8 are supplemented with a document signed by a notary, certifying Tourist’s name, address and signature. The possibility of e-mailing a photocopy or a scan of this document and a photocopy or a scan of the receipt confirming sending this document by post remains in force, as described in Article 9.

 

Article 49

For the execution stage there are the methods of payments as follows:

 

1. paying into Destination Poland’s bank account max. on the 7th day before the day on which Tourist and Destination Poland representative should meet, as described in Article 32 – 100% of the total gross value of travel services, which are the subject of the Travel Contract, reduced by the deposits already paid into the bank account of a supplier of travel services plus the remuneration for the execution stage,

 

or

 

2.

- paying into Destination Poland’s bank account max. on the 7th day before the day on which Tourist and Destination Poland representative should meet, as described in Article 32 – 100% of the total gross value of travel services, which are the subject of the Travel Contract, reduced by the deposits already paid into the bank account of a supplier of travel services

 

and

 

- paying into Destination Poland’s bank account max. on the 7th day after the day on which Tourist and Destination Poland representative should part, as described in Article 36 – the remuneration for the execution stage,

 

or

 

3.

- paying into the bank account of a supplier of travel services max. on the day the travel service starts to be provided – 100% of the gross value of the travel service, which is the subject of the Travel Contract, reduced by the deposit already paid into the bank account of a supplier of travel services

 

and

 

- paying into Destination Poland’s bank account max. on the 7th day after the day on which Tourist and Destination Poland representative should part, as described in Article 36 – the remuneration for the execution stage.

 

Article 50

Method of payment will be indicated in the Preparation Contract and in the Travel Contract.

 

Article 51

In each case Tourist will be provided with a unique reference number of the payment. This number will be indicated in the Preparation Contract and in the Travel Contract.

 

Article 52

The method of payment for Destination Poland’s services performed on behalf of and to the benefit of a tour operator/travel agency or Customer will be determined individually.

 

Cancellation

 

Article 53

Cancellation of the Preparation Contract or the Travel Contract is costless (with Article 54 remaining in force) on the condition the cancellation takes place not later than:

- on the 7th day before the date indicated in the Preparation Contract as the date of launching the preparation stage,

- on the 7th day before the date indicated in the Travel Contract as the date when Tourist and Destination Poland representative should meet.

Any costs connected with transferring Tourist’s money back to their bank account are paid for by Tourist.

 

Article 54

Deposits are not reimbursed.

 

Article 55

Cancellation of the Preparation Contract or the Travel Contract must be in writing. The possibility of e-mailing a photocopy or a scan of the cancellation and a photocopy or a scan of the receipt confirming sending the cancellation by post remains in force, as described in Article 9.

 

Article 56

The following will also be treated as cancellation of the Preparation Contract or the Travel Contract:

- not paying any payments Tourist is liable to by dates these payments are due,

- not sending the required documents.

In particular Tourist should note that clearance of payments may take a few days so Destination Poland should be informed via e-mail about any uncertainties.

 

Article 57

Cancellation of the Travel Contract does not exempt Tourist from the obligation to pay the penalty to a supplier of travel services if Tourist agreed on the penalty clause in the Travel Contract.

 

Article 58

Cancellation of the Preparation Contract later than described in the Article 53 is ineffective.

Cancellation of the Travel Contract later than described in the Article 53 is effective on the condition that all the actions performed by Destination Poland on behalf of and to the benefit of Tourist are paid for.

 

Insurance

 

Article 59

Destination Poland will obligatorily take out a basic medical and accident insurance policy on Tourist.

In case the insurance policy described in Article 35 is taken out exclusively to the benefit of Tourist it is paid for by Tourist.

 

Article 60

Tourist will be informed about the choice of the insurers and the insurance premiums.

 

Article 61

The premiums will not be included into the basis of calculating the remuneration for the execution stage.

 

Article 62

Other insurance policies than those described in Article 59 will not be the subject of the Travel Contract so before traveling to Poland Tourist should consider:

- taking out comprehensive travel insurance,

- taking out an insurance policy in order to cover the cost of cancellation by Tourist or the cost of assistance, including repatriation, in the event of accident or illness.

 

Article 63

Regardless of the insurance policies Tourist should have European Health Insurance Card which entitles its holder to benefit from public health services in emergencies.

 

Pledge

 

Article 64

In case Tourist pays 100% of the total gross value of travel services, which are the subject of the Travel Contract, into Destination Poland’s bank account the following pledge is made:

- if any tourist service is not provided or is provided against the agreement signed with a supplier of a travel service Tourist will be immediately refunded part or whole value of the travel service.

 

Article 65

The amount of the reimbursement will be dependent on the result of the negotiations conducted by Destination Poland between Tourist and the supplier of the travel service. In case the agreement has not been reached Destination Poland will arbitrarily decide about the amount of the reimbursement to Tourist and - with the consent of Tourist – will take legal actions against the supplier of the travel service and will represent Tourist in litigation.

 

The responsibility of Destination Poland

 

Article 66

General responsibility

 

Destination Poland will bear every responsibility for all factual and legal actions connected with the preparation of Tourist’s stay in the territory of Poland and taking care of Tourist’s stay in the territory of Poland and for all factual and legal actions performed on behalf of and to the benefit of a tour operator/travel agency or Customer.

 

Article 67

Particular responsibility

 

as for the preparation stage – from the moment Destination Poland has received the Preparation Contract signed by Tourist (with Article 9, Article 12 and Article 48, point 2, sentence: second and next remaining in force) until the moment Destination Poland has sent Tourist all the documents connected with the Preparation Contract.

 

as for the execution stage – after signing the Travel Contract, from the moment Tourist and Destination Poland representative have met until the moment Tourist and Destination Poland representative have parted.

 

Article 68

Destination Poland accepts claims in writing only. The claim must be sent or delivered to Destination Poland (or Destination Poland representative) at the latest within 30 days of the date, which is either the day on which Destination Poland have sent Tourist the full documentation of the actions performed on behalf of and to the benefit of Tourist, and the originals of the agreements with suppliers of travel services – for the preparation stage, or the day on which Tourist and Destination Poland representative have parted – for the execution stage. If the claim is sent by post the date on the postmark is binding.

 

Exclusions of responsibility

 

Article 69

Destination Poland does not provide, does not intermediate and does not facilitate provision of services other than travel services and is not responsible for lack of those services.

 

Article 70

Destination Poland does not provide, does not intermediate and does not facilitate provision of transport services to the place where Tourist and Destination Poland representative should meet and from the place where Tourist and Destination Poland representative should part and is not responsible for lack of those services.

 

Article 71

Destination Poland is not responsible for Tourist’s not paying attention to the information given and not complying with recommendations, instructions and formalities resulting from the law, in particular passport, visa, customs, foreign exchange, insurance and health formalities.

 

Article 72

Destination Poland is not responsible for the failure or improper execution of the Travel Contract in situations where failure or improper execution is due only to:

- act or omission of Tourist,

- act or omission of a third party not participating in the execution stage, if such acts or omissions could not be foreseen or avoided,

- force majeure.

 

Article 73

Destination Poland does not mediate in visa and passport formalities and is not responsible for the results of these formalities.

 

Article 74

Any disputes arising in connection with the Preparation Contract or the Travel Contract shall be settled amicably, if no agreement is reached by a competent court of law.

 

Data Protection and Privacy

 

Article 75

Tourist’s personal data Destination Poland collects are only Tourist’s name and Tourist’s mailing address.

 

Article 76

Tourist’s personal data Destination Poland collects will be temporarily stored at www.destination-poland.eu and will be deleted from the server one month after ending the preparation stage and the execution stage.

 

Article 77

Tourist’s personal data Destination Poland collects will be disclosed to suppliers of travel services and may be disclosed to Government bodies and other authorities Destination Poland is legally obliged to pass such data.

 

Special offers

 

Article 78

Special offers are Destination Poland's own products. The arrangements concerning special offers will be done on individual basis.