Rosotravel General Terms and Conditions

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Welcome to Rosotravel!

Please read the Terms of Use carefully, as they contain important information with reference to your legal rights and limits on these rights as well as a subdivision concerning applicable law and jurisdiction of disputes.

 

  1. Rosotravel Terms of Use
  2. General Terms and Conditions of Rosotravel tour operator

III. General Terms and Conditions relating to tours and other tourist services

  1. Rosotravel -Terms of Use
  2. Who would be operating this website?

This website (includes the sub-sites and the text, videos, images, software, services, products, and other information presented or contained in the website; all together the “Website”) is provided by ROSOTRAVEL SP Z O.O., VAT ID: PL5842783761, Stachury 3/18 Street, 80-280, Gdansk, Poland. You can contact us by email (tours@rosotravel.com) or by phone using the following numbers:

Poland: +48 500 345 300

Bookings made using the Platform are subject to the General Terms and Conditions of Rosotravel 

  1. Application of the Terms of Use

The terms of use (these “Terms of Use”), along with our privacy policy (the “Privacy Policy”), apply to any use of the Website. Visitors of the Website (“User” or “you”) can use the Website only on the condition that they are ready to accept the Terms of Use and read and understand the Privacy Policy well. Any further use of the Website or any part of it would mean that you have read and understood the Privacy Policy and the Terms of Use and agree to be bound by all parts listed in the Terms of Use.

 

  1. Third-party links to other websites or content

Rosotravel does not assume any responsibility for third-party content (this includes any activities available for booking requests, and the information related to similar activities) that might be available through the Website, and for the content that is linked to the Website or which are referred to or linked from it. Rosotravel does not endorse or recommend such content, and will not have any liability that is related to it. Where Rosotravel links to third-party websites, you should make use of such websites at your own risk. We recommend reading the policies of such websites and review how the websites would process personally identifiable data that is solely related to you. If you think we have provided illicit content on the Website, please do reach out to us at the contact link of Rosotravel.

  1. Intellectual property rights

As between Rosotravel and you, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any trade names, names, and distinctive signs of any nature (including trademarks) that are published on the Website. You may view and access the Website but are not permitted to incorporate it into other websites, and not present, license, copy, publish, upload, download, send or make it perceptible in any other way without any prior written consent.

  1. Amendments to the Terms of Use

Rosotravel may amend the Terms of Use provided with immediate effect and at any time. If we make amendments, they apply from the date of their publication on the Website. Rosotravel expects you to refer regularly to this section and make sure that you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments would mean that you consent to the amendment.

  1. Applicable law and jurisdiction

The law of the Republic of Poland shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order if your normal place of residence is in any other country, the application of the mandatory legal provisions of this country would remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is (Gdansk), provided the user is a tradesperson as per the Poland Commercial Code or does not have a permanent place of residence in Poland when the suit is filed. The legally binding places of jurisdiction would however remain unaffected by this.

 

  1. Rosotravel –Terms and Conditions for Users regarding the online offer of Rosotravel Platform

 

  1. Introduction

1.1 Rosotravel, VAT ID: PL5842783761 ul. Stachury 3/18, 80-280 Gdańsk, Poland runs an intermediary Platform for tourist offers in the form of an online offer through the apps and the internet (hereinafter jointly referred to as the “Rosotravel Platform”). On the Rosotravel Platform, the users would be provided with a chance to find and book activities, tours, and experiences all over the world. The online offer contains cooking courses, guided tours, and sightseeing tours by bus, tickets for entry to sightseeing locations, and other services. The offers can be placed online by various local Suppliers located in and around the world (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is concluded (“service agreement”). The Suppliers’ services can be accessed via the Rosotravel Platform where the bookings can also be made.

1.2 Rosotravel approaches both, companies and consumers. The following applies for these General Terms and Conditions:

  1. A “consumer” is any individual person who has concluded a contract for purposes that cannot be predominantly assigned to commercial activities or independent work.
  2. A “company” is a legal entity, a natural person, or a form of partnership that is performing its independent or commercial activities by concluding this contract.
  3. The “user” denotes a natural person unless this person has been explicitly registered with Rosotravel as a legal entity. The omissions and actions that occur during the registration of a legal entity are allocated to a natural individual unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes the users referred by distribution partners or sub-agent.
  4. Subject matter of part II of the General Terms and Conditions

The General Terms and Conditions are applicable to any use of the Rosotravel Platform, such as via the internet and apps. 

Registration

3.1 The use of Rosotravel’s Platform’s offer can generally be done anonymously.

3.2 Certain types of use of Rosotravel Platform, like the making of bookings would require registration. During registration, the user sends an electronic form and agrees to the General Terms and Conditions. The registration with Rosotravel is only concluded once the confirmation is sent to the e-mail address specified by the user. The user has to keep the password he/she sets a secret and take suitable precautions to prevent third parties from becoming aware of it.

  1. Services of Rosotravel /Conclusion of contract

4.1 Once the user has entered his/her desired service on the Rosotravel Platform (e.g. travel destination, start time, type of tour, price options, and a number of participants), Rosotravel shall show the user the information about the services (“service information”). Based on this information, the user can, wherever applicable, after checking availability, make a contractual offer, by placing an offer. This happens, following the selection and transfer to the shopping basket and by clicking on the button “confirm and book”.

4.2 Rosotravel shall notify the user of the conditions of transport and business for their contractual relationship with the user and Rosotravel services. They can be found easily in the respective tenders. The user is solely responsible for complying with and meeting these conditions. The Rosotravel reserves the right to not allow the user to exclude an action, undertake it if they do not meet the conditions. In this case, the paid price would not be refunded.

4.4 Rosotravel shall provide the user with a booking confirmation that is issued in the name of, and on behalf of, the Rosotravel, as well as payment confirmation. The use of the Rosotravel Platform itself is essentially free of charge for the user. The costs for the technical access to the Rosotravel Platform (e.g. internet access) need to be borne by the user. 

4.5 Rosotravel shall forward the user any data for the use of the service according to the applicable conditions (like ticket data), once they have been received.

4.6 Rosotravel assumes guarantee for the accuracy of forwarded data, or the performance of services.

  1. Payments on Rosotravel

5.1 Rosotravel collects money from the user. Rosotravel can demand payment in the national currency of the user’s land and the foreign currency claim can be converted easily based on the current exchange rate at the time the contract is concluded. Rosotravel can charge the user a suitable conversion charge for this.

5.2 The contact partner, and the contract partner of the user related to the service agreement and its payment, is the respective Supplier. The user is only permitted to assert the repayment of payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier through Rosotravel. To simplify the process for the user, communication via the Rosotravel Platform is recommended.

5.4 To use the payment functions of Rosotravel, the user has to register. The user has to enter correct payment information and update the details immediately in the case of changes. Rosotravel can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service at the time of the order process.

5.5 Upon the authorization of the payment, the user would be consenting to his/her payment information being used for the collection of payments by the creditor. Rosotravel reserves the right to make the use of the payment function of Rosotravel dependent on a check of the credit rating of the user.

  1. Pricing of Rosotravel

6.1 All prices on Rosotravel are quoted per person and include VAT and all other taxes. 

6.2 These prices specified by Rosotrael would be subjected to special conditions, for example with regards to the refunding and cancellation of payments made. Before making the booking, please check precisely if the respective service agreement is subject to separate conditions.

  1. The best price guarantee of Rosotravel

7.1 Rosotravel would like the user to pay the lowest possible price for their respective services. If the users find the offer they have booked via Rosotravel with the same conditions (number of people, town/city, availability) and at a lower price online, Rosotravel would pay the user, on a voluntary basis, based on the lower price found on the internet and the difference between the price paid.

7.2 All special offers and promotional campaigns would be marked as such.

  1. Duties and obligations of the user

8.1 The user shall keep the registration data like the user login and password a secret and not allow third parties to access the Rosotravel Portal using his/her registration data. The user shall be accountable for all forms of use of his/her user account on Rosotravel Portal.

8.2 The user shall exempt Rosotravel from third-party claims based on his/her use of the Rosotravel Platform unless they are the fault of Rosotravel.

  1. Availability and warranty

9.1 There is no claim for availability, technical support, or quality of service features, for the Rosotravel Platform. Rosotravel can reduce, redesign or suspend their online portal Rosotravel at any time, at its discretion. 

9.2 Provided Rosotravel has an obligation to the user, Rosotravel also provides a guarantee of conducting the whole itinerary as described.

  1. Liability of Rosotravel

10.1 Rosotravel is liable for the realization agreements with users that are related to the booking request. 

10.2 Restrictions of liability will not apply within the scope of guarantees that are issued, in the event of an injury to health, life, or limb or for claims based on the product liability law. The financial liability of Rosotravel is limited to the sum of the third party liability insurance number

  1. Termination

Users are free to cancel their registration on Rosotravel Portal at any time by blocking their user account. Rosotravel is permitted to cancel a registration unilaterally with one week’s notice. Claims which have arisen before this action remain unaffected. The right for the cancellation however remains unaffected.

  1. Evaluation function of Rosotravel

12.1 Users have the opportunity to have personal influence on the content of Rosotravel Platform by writing different travel reports in the form of evaluations, or by uploading pictures (“user content”). Users are fully responsible for the user content that they provide. They ensure that the content is correct and guarantee that the content does not contain any illegal or misleading statements or details. Furthermore, the users provide a guarantee that the content does not violate any sort of third-party rights. Under no circumstance and in no way does Rosotravel make user content its own and just provides a Platform.

12.2 Rosotravel can use the user content in various ways. This includes displaying it on the website, reformatting and editing it well for more clarity or better grammar, incorporation it into adverts or other work.

12.3 Rosotravel can report or remove user content where necessary and at their own discretion. For example, Rosotravel can remove user content if it violates the Rosotravel principles for content, in the opinion of Rosotravel. Rosotravel is not obliged to store copies of user content or provide copies thereof. Rosotravel does not guarantee the confidentiality of user content.

12.4 Rosotravel and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users cannot claim remuneration for these adverts and are subject to changes regarding the scope and type of these advertising measures. The user need not be notified of this.

12.5 The users shall fully indemnify Rosotravel and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against Rosotravel concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on Rosotravel Platform. This does not apply if Rosotravel is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully, and completely provide Rosotravel with all the information necessary to verify the claims and defend them.

  1. Data protection

13.1 Rosotravel collects and uses personal data of users to the extent that is necessary for the creation, design of content, or modification of the contractual conditions for Rosotravel between the user and Rosotravel.

13.2 If Rosotravel is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier can process and use the data to conclude, initiate, and execute the contract on its own responsibility. The identity of the particular Supplier can be easily taken from the booking dialogue.

13.3 Further information can be found in the data protection conditions of Rosotravel at (https://www.rosotravel.com/privacy-policy/).

  1. Changes made to the General Terms and Conditions

14.1 Rosotravel reserves the right to change the General Terms and Conditions mentioned without stating the reasons at any time. Rosotravel will only make changes that might affect the user, which the user must agree to while considering mutual interests. This concerns the cases where the equivalence principle has been disturbed and the loopholes and changes in legislation have been made. The amended conditions are sent to the users via email at the latest two weeks before they become effective. If a user doesn’t reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are considered to have been accepted. Rosotravel will notify the user via e-mail containing the amended conditions, of the importance of this two-week deadline.

14.2 The Terms and Conditions can be amended easily without notice at any time for future intermediation of contracts with the Supplier. The respective conditions are valid for each individual and contract conclusion shall apply.

  1. Other provisions

15.1 The General Terms and Conditions represent the whole agreement between the user and Rosotravel. No additional agreements exist between both parties.

15.2 The law of the Republic of Poland shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as a consumer, and at the time of the order if your normal place of residence is in another country, the application of the mandatory legal provisions of this country would remain unaffected by the choice of law mentioned in clause 1.

  1. The exclusive place of jurisdiction is Gdansk, provided the user is a tradesperson as per the Commercial Code of the country or does not have a permanent place of residence in Poland when the suit is filed. The legally-binding places of jurisdiction, however, remain unaffected by this.

15.3 If provisions of the General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.

Rosotravel

VAT ID: PL5842783761 

  1. Stachury 3/18, 80-280 

Gdańsk, Poland

 

III. General Terms and Conditions relating to tours and other tourist services

  1. Introduction

Part III of the General Terms and Conditions apply to all contracts that are concluded between the Suppliers and the users via the Rosotravel Platform. This also applies, if access to the Rosotravel Platform is provided through a cooperating partner (sub-agent, distribution partner).

  1. Truthful details

The details transferred via the Rosotravel Platform must be truthful. Rosotravel reserves the right to withdraw from the contract or to exclude users from being a part of the service and to demand compensation amounting to the cancellation costs based on Section 11 of part III of the General Terms and Conditions that are related to the tours and other tourist services if any defective details are provided by the user.

  1. Arrival at meeting point and agreeing to conditions

You are solely responsible for arriving on time at the notified meeting point. If you are traveling to an activity from abroad, you are responsible for having the necessary travel documents such as passport, etc., and for observing the health regulations, etc.

  1. Additional terms and conditions

If Rosotravel includes, in addition to the General Terms and Conditions relating to the ours and other tourist services of Part III further participation or transport or other terms in a contract with you, you shall be deemed responsible for observing these additional terms. Rosotravel has the right to exclude the participants from an activity if they do not meet all these conditions.

  1. Binding nature of the request

The contract between the user you have referred to or the user, and Rosotravel comes into effect upon the acceptance of your binding request by Rosotravel. When you book a tour or another activity, you make the Rosotravel a binding offer and the contract comes into binding effect. You, or the user referred by you, would receive a notification of this by email.

  1. Payment

The agreed total price for the service that has been provided would be due upon the conclusion of the contract.

  1. Insurance

We have liability insurance against unfortunate accidents, which covers our company’s activities.

  1. Unpaid services

If the user you have referred to, or you, have not paid for the booked service according to the agreed due date of payment, although the Rosotravel is prepared and able, to perform the contractual service and there is no contractual or legal right of retention for you or the user you have provided, the Rosotravel is permitted to withdraw from the contract and charge the user you have referred or you, for the withdrawal costs as per point 11.

  1. Exchange of messages

In the interest of quick processing, it is recommended to exclusively make use of the forms provided by Rosotravel.

  1. Cancellation Policy

11.1 If you cancel or reject the activity, the cancellation conditions stated in the product description and on your voucher would be applicable. Rosotravel advises the user to carefully read the information in the product description.

11.2 If there are no deviating cancellation conditions in the product description, the cancellation will be processed under following conditions:

  1. Basic Cancellation – free included in the tour price 

Refund is applicable:

Refund is not applicable:

  1. Premium Cancellation – extra cost

Premium cancellation covers the condition of basic cancellation plus extended possibility of cancellation within full refund in emergency situations.

Refund is applicable:

or

Refund is not applicable:

The exact time of the refund would solely depend on the user’s credit card agreement. The refund by bank transfer would be done within seven bank working days.

  1. Extraordinary cancellation – with full refund

Rosotravel is free to cancel the activity on the agreed date without observing any notice period, if official measures, weather conditions, strikes, or other unavoidable or unforeseeable external conditions that makes the execution of the activity not possible, make it considerably more difficult or endanger it. In such a case the paid price would be refunded.

 

  1. Exclusion of participation/no show – no refund
  1. Changes to the program

Furthermore, Rosotravel reserves all the right to make non-essential changes to the program, if it is required due to unavoidable or unforeseeable conditions.

  1. Further conditions

Deviating conditions or further conditions can be found in the respective tenders.

  1. Time zone

For calculations of deadlines and the time, Polish time zone should be authoritative.

  1. Liability of the tour and the Rosotravel of the tourism service

Rosotravel in accordance with the applicable law for its services is liable, whereby the liability if permitted according to the applicable law, is excluded.

  1. Changes made to the General Terms and Conditions

The Terms and Conditions of the Rosotravel of other tourist services and tours of Part III can be amended anytime without any notice for future bookings. The respective conditions valid for each individual booking would be applicable. The user should not have any claim for future bookings based on the existing conditions.