General Terms and Conditions of Participation in a kayak trip

This is a courtesy translation. The binding version of these Terms is the Polish one available on ekajaki.pl.

These General Terms and Conditions of Participation (hereinafter: the „Terms”) set out the basic rules for taking part in kayak trips organised by ekajaki.pl, Łupawsko 12A, 77-116 Łupawsko.

Taking part in kayak trips organised by ekajaki.pl is equivalent to accepting the Terms below and undertaking to comply with them strictly.

§ 1. Definitions

Whenever the following terms are used in these Terms, they shall mean:

• Trip – a form of recreation pursued in kayaks, organised by the Organiser;
• Client – an entity or person using the Organiser’s services under the Agreement;
• Organiser – the entity organising the Trip, i.e. ekajaki.pl, Łupawsko 12A, 77-116 Łupawsko;
• Participant – a person who has been familiarised with all the conditions described in the Terms and takes part in the Trip on behalf of the Client;
• Equipment – property belonging to the Organiser, entrusted to Participants for the duration of the Trip (e.g. kayaks, paddles, life vests, etc.);
• Terms – these general terms and conditions of participation in Trips organised by ekajaki.pl, Łupawsko 12A, 77-116 Łupawsko;
• Agreement – the agreement for the organisation of a kayak trip, concluded between the Organiser and the Client.

§ 2. General rules

• The subject of these Terms is to define the rules of participation in Trips organised by the Organiser.
• A Participant of a Trip may be anyone whose state of health allows participation in the Trip. Taking part in the Trip is equivalent to the Participant’s declaration that their state of health allows them to undertake the effort associated with participation in the Trip and to cover the route set by the Organiser within the specified time.
• Minors may take part in the Trip only under the care of an adult who bears full responsibility for their safety, and only with the written consent of a parent or legal guardian.

§ 3. Reservation and payments

Participation in the Trip is subject to jointly meeting the following conditions:

• making a reservation electronically, by filling in the reservation form or sending an e-mail,
• payment of a deposit of the appropriate amount.

• After the reservation form is sent to the Organiser and a confirmation of the reservation is received, the Organiser sends – no later than within 24 hours of receiving the reservation form – to the e-mail address indicated in the form, an offer confirming the Trip date and equipment availability. The offer is valid for the time indicated therein.
• The amount of the deposit depends on the type of trip:
  • one-day and weekend (2-day) trips – 50% of the price indicated by the Organiser in the offer,
  • multi-day trips (longer than 2 days) – 30% of the price indicated by the Organiser in the offer.
• The deposit payment deadline, together with the bank account number, will be indicated by the Organiser in the offer; nevertheless the deposit should be paid into the Organiser’s bank account within 5 days of receiving the reservation confirmation if more than 21 days remain to the start of the event, otherwise within 2 days.
• If the reservation is made less than 7 days before the planned start of the Trip, no deposit is paid and the full payment for the Trip should be made together with the reservation.
• The total payment for the Trip, less any previously paid deposit, must reach the Organiser’s bank account on the day of the Trip at the latest.
• If any of the conditions of this paragraph is not met, the Organiser reserves the right to cancel the unpaid reservation.
• All refunds will be made solely to the indicated bank account or by postal order to the Client’s address given in the reservation form.
• All prices are contractual prices.

§ 4. The person making the reservation

• The person making the reservation is the first person listed in the reservation confirmation form, regardless of who made the payment, provided that this person has full legal capacity and is 18 years old on the day of making the reservation.
• The person making the reservation assumes responsibility for paying the full price of the Trip, covering all persons listed in the reservation confirmation.
• The person making the reservation is obliged to contact the Organiser no later than 24 hours before the planned start of the Trip, in order to confirm the time and place of arrival and the final number of people and Equipment.

§ 5. Changes to the terms of the Agreement

• Any change by the Client to the agreed terms of the Trip requires a written statement, under pain of nullity. Such a statement must be submitted directly to the Organiser by e-mail to: info@ekajaki.pl
• A Client who, after paying the deposit or the full price of the Trip, wishes to make changes regarding the date, destination, quantity or type of equipment, number of Participants, etc., is obliged to inform the Organiser of the planned changes by e-mail to: info@ekajaki.pl. After reviewing the submitted changes, the Organiser will promptly confirm whether the changes are possible or inform that they are not.
• Each change made by the Organiser at the Client’s written request will be sent to the e-mail address given in the reservation, with information on the current status of the reservation.

§ 6. Cancellation of the Trip

• Cancellation by the Client of a reserved Trip requires a written statement, under pain of nullity. Such a statement must be submitted directly to the Organiser. The date of cancellation is the day the Organiser receives the Client’s written statement.
• If the Client cancels participation in the Trip, or does not start the Trip for reasons beyond the Organiser’s control, the Client is entitled to a refund of the paid deposit, less an amount equal to the costs of organising the Trip incurred by the Organiser, not higher than:
  • up to 30 days before the Trip: 100% of the deposit refunded,
  • from 29 to 15 days before the Trip: 60% of the deposit refunded,
  • from 14 to 8 days before the Trip: 40% of the deposit refunded,
  • from 7 to 2 days before the Trip: 20% of the deposit refunded,
  • 1 day before the Trip or less: 0% of the deposit.
• If the Client cancels participation in the Trip for reasons beyond the Organiser’s control directly before its start, i.e. on the day preceding the Trip or on the day of the Trip, or if the Client fails to appear at the agreed time and place of the start of the Trip for reasons beyond the Organiser’s control, the Client is not entitled to a refund of the paid deposit or of the total payment for the Trip, if such payment was previously made. If the total payment for the Trip was not previously made by the Client and the cancellation occurred without a valid reason, the Client is obliged to repair the damage caused to the Organiser in connection with the cancellation.
• If the Client cancels participation in the Trip for reasons attributable to the Client or resulting from their will, or resulting from force majeure during the Trip, the Client is not entitled to a refund of the paid deposit or of the total payment for the Trip previously made by the Client. If the total payment for the Trip was not previously made and the cancellation occurred without a valid reason, the Client is obliged to repair the damage caused to the Organiser in connection with the cancellation.
• If fewer Participants take part in the Trip than the number included in the Organiser’s offer, the Client is not entitled to a refund of any part of the paid deposit and is obliged to pay the total price for the Trip set in the offer, regardless of the number of Participants actually taking part.
• Where, under the offer, payment of a deposit was not obligatory, in the cases referred to in items 3, 4 and 5 above the Client is obliged to pay the Organiser the total payment for the Trip.

§ 7. Obligations and liability of the Organiser

• The Organiser is liable for non-performance or improper performance of the agreement for the provision of tourist services, unless the non-performance or improper performance is caused solely by:
  • an act or omission of the Client;
  • an act or omission of third parties not involved in performing the services provided for in the agreement, if such acts or omissions could not have been foreseen or avoided, or
  • force majeure.
• The Organiser is not liable for the destruction or loss of valuables held by the Participant during the kayak event.
• The Organiser is obliged to insure Participants against accidents. The Organiser insures Participants on the terms of the PZU S.A. insurance agreement.
• The Organiser is obliged to provide appropriate equipment for the duration of the Trip, suited to the difficulty of the Trip route.

§ 8. Obligations and liability of the Client and Participants

• The Participant is obliged to appear, at their own cost and responsibility, at the place specified in the Agreement as the start of the Trip, at a time allowing the Trip to begin without undue delay.
• During the Trip the Participant is obliged to comply with the absolute ban on consuming alcohol, prohibited or intoxicating substances in force throughout the Trip. The Participant may not take part in the Trip if they are under the influence of the above substances or alcohol.
• The Client and Participants acknowledge that, pursuant to Article 35 of the Act of 18 August 2011 on the safety of persons on water areas (consolidated text: Journal of Laws 2020.350), operating a vessel or other floating craft – not being a mechanical vehicle – in water traffic while under the influence of alcohol or a similarly acting substance constitutes an offence punishable by a fine. If a Participant operates such a vessel or floating craft under the influence of alcohol or a similarly acting substance, the Organiser may require that Participant to leave the water area.
• In the event of gross or persistent breach by the Participant of the established order, rules or safety regulations, the Organiser may – without bearing any financial or legal consequences on this account – terminate the Agreement with immediate effect. In such a case the Client is not entitled to a refund of the fee for organising the Trip or of the deposit.
• After the Trip ends, each Participant is obliged to wait for the Organiser to collect the floating equipment at the place specified in the Agreement as the end of the Trip.
• The Client is obliged to cover the costs of damage caused both by themselves and by other Participants of the Trip, in particular damage arising from improper or careless use of the floating equipment and other gear entrusted by the Organiser. The value of the damage in such case will be settled on the basis of purchase invoices.

§ 9. Complaints

• In the event of non-performance or improper performance of the Agreement by the Organiser, the Client may file a complaint.
• If, during the kayak event, a Participant or the Client finds defective performance of the Agreement, they should notify the Organiser without delay.
• Regardless of the notification referred to above, a Participant or the Client may submit to the Organiser a complaint indicating the defect in the manner of performance of the Agreement and specifying their demand, within no more than 5 days from the end of the Trip.
• The Organiser will provide a written response to the complaint within 30 days of receiving it.
• Complaints may not be based on circumstances for which the Organiser is not liable.

§ 10. Final provisions

• The Organiser reserves the right to change the content of the Terms at any time. A change of the Terms after a reservation has been made does not deprive the Client and Participants of rights acquired before the change.
• The amended Terms come into force on the day of their publication on the Organiser’s website.
• In matters not regulated by these Terms, the relevant provisions of the Civil Code and other applicable law shall apply.